Delaware Business Court Insider | News
By Ellen Bardash | October 31, 2022
Agreements signed before the company was acquired by a SPAC can't force the dispute over former executives' participation in an IPO into arbitration, Vice Chancellor Morgan Zurn said.
By Charles Toutant | October 28, 2022
"When I first came on, it was 17 years ago, there were a handful of people doing this. But now many judges, when they retire, think of this. This is an alternative that works for a lot of people," said Mark Epstein, a former Middlesex County Superior Court judge who provides ADR at Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick.
New York Law Journal | Analysis
By J.P. Duffy | October 28, 2022
This article examines the role that confidentiality plays in international commercial arbitration, the numerous advantages it offers, and how to effectively impose it.
New York Law Journal | Analysis
By Andrea M. Alonso and Kevin G. Faley | October 26, 2022
This article provides a discussion of special arbitration agreements which are "not well known and sorely underutilized by insurance carriers." The authors highlight the benefits of special arbitration: "Settling underlying claims and resolving disputed liability or coverage disputes through the special arbitration forums is enormously beneficial to member companies. It reduces litigation costs, including attorney fees, through faster closings."
Daily Report Online | Commentary
By Peter B. "Bo" Rutledge and Sawyer M. Bradford | October 25, 2022
The U.S. Supreme Court previously opined on the issue in a badly fractured opinion, Commonwealth Coatings Corp v. Continental Casualty Co. The majority opinion, authored by Justice Hugo Black, called for arbitrators to avoid even the "impression of possible bias," and stated that arbitrators should be held to the same standard as Article III judges.
New York Law Journal | Analysis
By Russell Yankwitt and Dina Hamerman | October 24, 2022
This article provides an examination of why corporate clients settle early and a discussion of the important benefits of not settling. The article concludes with a look at the "hybrid approach" of binding arbitration for large-value cases, which can combine "the reputational benefit of fighting with the cost certainty and confidentiality of settling."
New York Law Journal | Analysis
By Myrna Barakat Friedman | October 21, 2022
This article highlights strategies that a mediator may want to consider adopting when mediating disputes between parties from different cultural backgrounds.
By Max Mitchell | October 18, 2022
Wright Padilla's order regarding the lien also bars Haviland Hughes from "distributing any such sums, or conveying or distributing property of any kind to or for" Haviland until the judgment is paid in full.
By Gina Passarella Cipriani | October 18, 2022
Gretchen Carlson and attorney Andowah Newton shared their personal experiences with harassment and the very difficult path to speaking up and effecting change.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | October 17, 2022
Transactional attorneys must be vigilant regarding legal developments. That goes double for litigators with submitted motions and appeals.
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