Alternative Dispute Resolution

  • New York Law Journal | News

    Justice Charles Ramos, Retired From Commercial Division, Launches ADR Firm With Former Clerk

    By Jason Grant | February 22, 2019

    Ramos—who says he disposed of 14,000 matters, including 10,000 commercial cases, in a 35-year judicial career—and his former principal clerk view the firm as a means of continuing, and capitalizing on, a “tag-team” method developed over the years that they say efficiently helped many parties resolve long-lasting and expensive cases.

  • Connecticut Law Tribune | Commentary

    Making Case for Posttrial Mediation

    By Joette Katz | February 22, 2019

    The right mediator can provide a fresh perspective on the risks of an appeal and the benefits of settlement, explain the legal standards that govern the appellate process, discuss the rates of reversal and essentially narrow the legal landscape.

  • New York Law Journal | Analysis

    Data Breaches: An Expanding Frontier in Securities Class Actions

    By Mark D. Harris and Margaret A. Dale | February 21, 2019

    Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: So-called “event-driven” securities class actions are on the rise, with data breaches representing one of the most significant categories of events driving this trend. How the courts will treat the proposed settlements that arise in these cases remains to be seen.

  • New Jersey Law Journal | Analysis

    A Look at No Fault in 2018

    By Gerald H. Baker | February 18, 2019

    A review of this year's cases: two dealing with UM/UIM benefits, one addressing PIP benefits, and three cases relevant to “automobile injuries” (pedestrian crossings, deployment of airbags, and correlation between property damage and personal injuries).

  • New York Law Journal | Analysis

    Sanctions Stick Even After Settlement

    By Edward M. Spiro and Christopher B. Harwood | February 15, 2019

    In this Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision, 'Rogue Wave Software v. BTI Systems', writing: It is no longer a given that courts will vacate sanctions orders as part of a settlement. Rather, courts will balance the relevant interests at stake, and the more egregious the conduct leading to a sanctions order, the less likely it is that a court will vacate it.

  • New Jersey Law Journal | News

    After Pfizer Ruling, Here Are Keys to Using Electronic Media to Present Binding Arbitration Policies

    By Charles Toutant | February 15, 2019

    The "Skuse" appeals court said the manner of presenting the arbitration clause was too "oblique" and failed to provide the requisite assent of employees.

  • New York Law Journal | Analysis

    Binding Nonsignatories to Arbitration Agreements

    By Thomas J. Hall and Judith A. Archer | February 14, 2019

    In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent cases which show the Commercial Division recognizes that circumstances may require binding nonsignatories to arbitration agreements. The direct benefit theory of estoppel and agency is the most frequent reason that demands for arbitration are granted against nonsignatories. Individuals and businesses would do well to be mindful of these theories when interacting with business partners and affiliates lest they find themselves in an unexpected arbitration.

  • Daily Report Online | Commentary

    SCOTUS Loves Arbitration?—It's Not That Simple

    By Peter "Bo" Rutledge and Amanda W. Newton | February 14, 2019

    Like most conventional narratives (about the court and otherwise), this one contains an element of truth but masks a much more complex, if subtle, pattern in its jurisprudence.

  • International | News

    Third-Party Financers Are Fueling Investor-State Arbitration Battles

    By Dan Packel | February 13, 2019

    2018 saw more investor-state cases filed than any previous year, an indicator that parties may be getting more outside help to advance their claims.

  • The Legal Intelligencer | Commentary

    Responding to Arbitration Subpoenas—How to Make Cost an Issue

    By Charles F. Forer | February 11, 2019

    Bob is not currently representing any clients in arbitration proceedings. In view of his past mistakes, described in my past articles, Bob's “withdrawal” from appearing in arbitration proceedings may be a good thing—at least for his clients.

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