The Legal Intelligencer | Commentary
By Abraham J. Gafni | June 21, 2023
Courts regularly find that the incorporated rules of an ADR provider are binding. Review them carefully, therefore, to assure that there is nothing in those rules which imposes the unexpected upon your clients.
New York Law Journal | Analysis
By Elizabeth Bonina | June 16, 2023
Currently, there is an open look-back window for lawsuits to be filed under the Adult Survivors Act, and it is anticipated that there will be many filings pursuant to this statute. This article discusses the use of mediation to resolve these cases and why mediating these matters must be handled with care and consideration.
By B. Scott Silverman | June 7, 2023
Emotions can be important—even necessary—challenges for resolving disputes, according to retired Los Angeles Superior Court Judge B. Scott Silverman, now a neutral with Signature Resolution.
Daily Report Online | Commentary|Expert Opinion
By John Amabile, Shayla Wright and Todd Sprinkle | May 30, 2023
Companies doing business in Georgia not only need to be aware of the risks of facing significant verdicts, but affirmatively undertake mitigating factors to try and reduce them. One way to mitigate the risk of unreasonably high jury verdicts is to include arbitration provisions in your contracts.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | May 28, 2023
We can only be thankful that this decision was not in a published, precedential opinion and cannot be cited for the logic it employed.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 24, 2023
In most instances, functus officio prevents further action by the tribunal, meaning that the parties—to their dismay, or delight, depending on their position in the case—are stuck with the award, even when the arbitrators have acknowledged the award contained an error and would like to correct it. A recent Second Circuit decision, however, shows that this doctrine is not necessarily as limited as many may believe.
By Judith J. Gische | May 23, 2023
A discussion of the recent decision in Matter of TCR Sports Broadcast Holding v. WN Partner, where the New York State Court of Appeals ended a nine-year battle in the New York State courts between the Washington Nationals and the Baltimore Orioles concerning their respective rights to profits and fees earned from telecasting games. Judge Judith Gische writes: "You are probably thinking—it took nine years in the courts for this matter to be resolved and while it did not fulfill arbitration's goal of expediency, at least the matter is over. Think again."
By Amanda Bronstad | May 18, 2023
"No one really likes having a master, except a St. Bernard," said Merril Hirsh, executive director of the Academy of Court-Appointed Neutrals.
By Paul B. Lackey, Kieran M. Corcoran and Bailey L. McGowan | May 16, 2023
The chaos of the early pandemic days continues to resonate. As a result, many judges looked for other avenues to offload their dockets—including virtual arbitration hearings.
The Legal Intelligencer | Commentary
By Charles F. Forer | May 15, 2023
Bob's approach to arbitrators and punitive damages. Bob always encourages his clients to avoid litigation by using "well drafted" arbitration provisions in their contracts. Fearing runaway awards, Bob routinely incorporates a "no punitive damage award" provision when he drafts arbitration agreements.
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