New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | June 22, 2022
Although courts have discretion to adjudicate the merits of privilege objections to an arbitral subpoena, courts may decline to exercise such discretion, as Judge Rakoff did in 'Turner v. CBS Broadcasting'.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | June 20, 2022
Internet users are increasingly confronted by websites that state that continued use of the site will result in binding them to various conditions. Often this includes an agreement to submit any future disputes to arbitration.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | June 19, 2022
Though not new, this clear statement and application of the principle likely will have far-reaching effects.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | June 16, 2022
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss the long-awaited decision by the U.S. Supreme Court that resolved a Circuit split and held that §1782 discovery is (largely) unavailable in aid of international arbitration.
The Legal Intelligencer | Commentary
By Craig R. Tractenberg | June 16, 2022
Now the U.S. Supreme Court has eliminated the ability to obtain discovery in international dispute resolution that is not issued by a governmental entity. The challenging question is whether third-party discovery is available in private arbitration as a matter of right.
By Marcia Coyle | June 15, 2022
The 8-1 majority ruling was led by Justice Samuel Alito Jr.
By Marcia Coyle | June 6, 2022
Noah Finkel of Seyfarth Shaw said the ruling was "a limited one that applies to a narrow class of cases."
New York Law Journal | Analysis
By Samuel Estreicher, Rex Heinke and Susan Yorke | June 2, 2022
The new law raises a host of legal, practical, and political questions as to the continuing viability of agreements to arbitrate claims of sexual harassment and assault—and employment disputes more broadly.
Corporate Counsel | Expert Opinion
By Lorenzo Melchionda, BonelliErede | May 30, 2022
While it is faster, there are some requirements that must always be born in mind when parties consider mediation.
By Matthew Stanford | May 26, 2022
Only time will tell if the court is in fact prepared to lift its thumb entirely from the pro-arbitration scale, according to Osborn Maledon's Matthew Stanford.
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