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New York Law Journal | Analysis
By Samuel Estreicher, Rex Heinke and Jessica Weisel | August 3, 2021
In their Arbitration column, Samuel Estreicher, Rex Heinke and Jessica Weisel discuss a case that will be before the U.S. Supreme Court in the October term, 'Servotronics v. Rolls-Royce PLC', which asks the court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations. In what looks like a simple matter of statutory interpretation—defining the term "tribunal"—the case may shed new light on how the current court approaches traditional interpretive tools.
By Hon. Alan G. Perkins (Ret.), JAMS | August 3, 2021
Hybrid arbitrations can save participants both time and money. Planning and communicating with the arbitration case administrator can help you avoid disruptions and allow you to concentrate on presenting your best case.
By Jarrett Gorlin, Judicial Innovations | July 28, 2021
As Americans are more comfortable using virtual environments to handle their personal and professional needs, they will also expect to handle their legal matters online.
By ALM Staff | July 27, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
By Dan Clark | July 23, 2021
Lori Schechter, of San Francisco-based McKesson Corp., was previously a partner at Morrison & Foerster.
The Legal Intelligencer | Commentary
By Charles F. Forer | July 22, 2021
Bob has been around the block several times when it comes to deposing third-party witnesses in arbitration proceedings. He knows the Federal Arbitration Act (FAA) does not expressly allow for the full-blown discovery that parties routinely get under the Federal Rules of Civil Procedure.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | July 22, 2021
In this edition of their International Litigation column, Lawrence W. Newman and David Zaslowsky examine the common practice in international arbitration of presenting direct witness testimony though witness statements provided in advance of the oral hearing. They consider the effect such written evidence may have, or not have, on arbitral tribunals when there is no live cross-examination of the witness at the hearing before the tribunal. Is there a way in such circumstances for the witness to testify in person after all?
New York Law Journal | Commentary
By Timothy Capowski and Payne Tatich | July 16, 2021
At a time when judicial resources are unduly strained, a perfect starting point for clearing courtroom congestion is recognizing that delayed disclosure of settlement amounts in multi-tortfeasor litigations impedes, rather than encourages, settlement between the parties, and frustrates the legislative intent of the controlling statutes in this area.
By Amanda Bronstad | July 15, 2021
Mendoza, a mediator for class action settlements at Phillips ADR in Newport Beach, California, said lawyers have become more civil toward one another and that judges, faced with criminal case backloads, increasingly encourage parties to settle.
Litigation Daily | Best Practices
By Ross Todd | July 14, 2021
Nicole Westbrook of Jones & Keller has some suggestions about how to overcome screen fatigue to put on an effective case for clients during remote arbitrations.
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