By Alaina Lancaster | September 20, 2021
The proposed settlement could be the largest securities fraud class action recovery in the last 20 years in the U.S. Court of Appeals for the Ninth Circuit, and the second-largest ever in the Ninth Circuit, according to statements from plaintiffs' counsel from Robbins Geller Rudman & Dowd and Motley Rice.
By Alaina Lancaster | September 15, 2021
A divided panel for the U.S. Court of Appeals for the Ninth Circuit reversed in part a district court judgment finding Assembly Bill 51—which Gov. Gavin Newsom signed into law in October 2019—was preempted by the Federal Arbitration Act.
New York Law Journal | Analysis
By Mark A. Berman | September 3, 2021
Can an arbitrator order a virtual arbitration to take place over a party's objection, whether it is for the best or worst of reasons? The answer lies in the rules of the governing arbitration forum. Mark A. Berman explores the issue in this edition of his Virtual Lawyering column.
Connecticut Law Tribune | News|Q&A
By Robert Storace | August 30, 2021
Solo practitioner Christopher Kriesen discusses alternative disputes resolutions, online dispute resolutions and lessons learned.
New Jersey Law Journal | Commentary
By Marie E. Lihotz and Marianne Espinosa | August 26, 2021
APPELLATE ANSWERS: Despite decades of arbitration, questions persist regarding the Appellate Division's role regarding arbitration agreements and resultant awards.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | August 25, 2021
In this edition of their Mediation column, Abby Tolchinsky and Ellie Wertheim consider the types of conflicts that arise in guardianship cases, and when mediation may offer an opportunity for an alternate means of assessing and meeting the needs of the ward and other parties.
By Cedra Mayfield | August 20, 2021
"We literally sit around a table and have a conversation and the lawyers can talk to the other client," said Sheila Cohen Furr of Choose Collaborative in South Florida. "Never would that happen in litigation."
New York Law Journal | Analysis
By Matthew Solum | August 20, 2021
Though it may seem challenging to secure injunctive relief in a private arbitration rather than in the court system, the reality is that litigants have a variety of options and, in fact, can leverage both the speed and expertise of arbitrators and the power of the courts in order to secure meaningful relief.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | August 16, 2021
The past 50 years have seen an incredible increase in the use of arbitration as a preferred method for the resolution of disputes. As a result, articles, books, and legal opinions have emphasized the need to carefully draft mandatory arbitration provisions and the care that must be taken to assure that such provisions are not waived.
By Zack Needles | August 12, 2021
With hopes of beginning in earnest to chip away at growing case backlogs this fall potentially dashed by the Delta variant, judges are increasingly looking to clear room on their dockets by pushing civil litigants to settle.
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