By Mark Shank | January 28, 2019
The U.S. Supreme Court has recently handed down two important decisions—Schein v. Archer & White and New Prime Inc. v. Oliveira—regarding the…
New York Law Journal | Analysis
By Thomas E.L. Dewey | January 25, 2019
In his Settlements and Compromise column, Thomas E.L. Dewey discusses a recent decision from the Southern District of New York, which reminds us that the parties are not the only ones who have a say in what can be resolved in a settlement agreement. Courts have an interest in preserving their authority to enforce orders and procedural rules, and parties cannot avoid the consequences of noncompliance through private settlement.
New York Law Journal | Analysis
By Linda Gerstel | January 24, 2019
2018 will be remembered as the year Jay-Z forced a media spotlight on the lack of diversity in Alternative Dispute Resolution. Jay-Z's complaint drives home the fact that meaningful change on this front depends on clients and their lawyers—the ultimate selectors, the purchasers of arbitration services.
New York Law Journal | Commentary
By David Reiss, Areeb Been Khan, Robert Levy and Juliana Malandro | January 24, 2019
The New York City Council is considering a bill, the Small Business Jobs Survival Act, that it claims will protect small businesses even though the Act contains no protections tailored to them. Instead, the Act would implement a new lease renewal arbitration system that treats all commercial tenancies the same, allowing businesses as large as Amazon to benefit.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | January 23, 2019
In their International Litigation column, Lawrence W. Newman and David Zaslowsky write: Although fraudulently obtained arbitral awards are no doubt unenforceable in virtually every country, proving the taint of fraud presents legal and evidentiary challenges. A recent series of cases involving an award against the Republic of Kazakhstan shows the difficulties that can confront award debtors seeking denial of enforcement of awards against them on grounds of violation of public policy based on fraud.
By Gina M. Roccanova | January 22, 2019
Fast-food chain Chipotle Mexican Grill, Inc. has found itself at the center of the ongoing debate over mandatory arbitration provisions in employment agreements. That debate has always assumed that arbitration clauses favor employers. However, the most recent developments in a wage-and-hour case against Chipotle have called that assumption into question.
By New Jersey State Bar Association | January 21, 2019
Supreme Court sides with NJSBA on arbitration agreement
By Tom McParland | January 17, 2019
CBS said in a filing with the SEC that Moonves had informed the company Wednesday that he intended to use a binding arbitration provision in his contract to try to recover his "golden parachute" after the company determined there were grounds to fire him for cause.
Delaware Business Court Insider | News
By Tom McParland | January 17, 2019
CBS said in a filing with the SEC that Moonves had informed the company Wednesday that he intended to use a binding arbitration provision in his contract to try to recover his "golden parachute" after the company determined there were grounds to fire him for cause.
By Tom McParland | January 17, 2019
CBS said in a filing with the SEC that Moonves had informed the company Wednesday that he intended to use a binding arbitration provision in his contract to try to recover his "golden parachute" after the company determined there were grounds to fire him for cause.
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