By Linda Gerstel | August 3, 2018
In recent years, U.S. courts have increasingly tended not only to enforce mandatory arbitration agreements, but also to compel arbitration even in instances where one of the parties did not sign an agreement to arbitrate. The title of Robin Thicke's 2013 megahit —“Blurred Lines”—provides an accurate description of what constitutes “consent” by a non-signatory in arbitration.
New York Law Journal | Best Practices
By John P. DiBlasi | August 3, 2018
Many good faith negotiations can be sabotaged by parties using a variety of bad faith negotiation tactics, many of which are repeated all too often and can ultimately prevent a settlement. What are those tactics and what can be done to ameliorate the situation?
By Hagit M. Elul and Pavlos Petrovas | August 3, 2018
In an increasingly digital landscape, data security threats have become ubiquitous. Cyberattacks are becoming weapons of global economic warfare with cybercriminals increasingly targeting law firms in an attempt to access clients' secrets and other sensitive non-public information. International arbitration is not immune.
By John Kang | August 2, 2018
Former CMS counsel Olga Boltenko joins the Chinese firm's Hong Kong office to launch an investor-state arbitration practice as China's Belt and Road Initiative gears up.
By Jordan Trager | July 27, 2018
Many matrimonial attorneys will take on divorce mediation cases and agree to act in the capacity of divorce mediator. Sometimes, the attorneys are trained and experienced in divorce mediation, whereas other times they are not. The results will vary based on the mediator's understanding of how divorce mediation should be conducted.
By Erin Mulvaney | July 27, 2018
In his first friend-of-the-court brief as counsel of record, Sen. Sheldon Whitehouse, a Rhode Island Democrat, pressed for the right of independent contractors to litigate labor disputes in court in New Prime v. Oliveria.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | July 26, 2018
Miscalculation of an award by an arbitrator represents one of the few grounds warranting modification. But what evidence and what procedures are required by a court when reviewing a contention of arbitrator miscalculation?
By Ross Todd | July 25, 2018
Judge James Donato wrote that Fitbit's refusal to pay arbitration fees after routing a consumer case to arbitration "bolstered the perception that arbitration is where consumer lawsuits go to die."
New York Law Journal | Expert Opinion
By Martin Flumenbaum and Brad S. Karp | July 24, 2018
While neutrality is considered the touchstone of dispute resolution, it is not difficult for advocates to think there might be benefits to having judges with deep connections to the parties or their respective industries.
By Rose Walker | July 24, 2018
The U.S. firm rebuilds its Middle East practice with a trio of hires following exits to Eversheds Sutherland.
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