New York Law Journal | Analysis
By Michael H. Reed | April 24, 2020
On March 26, Magistrate Judge Robert Lehrburger issued an important decision in Chen–Oster v. Goldman, Sachs & Co., an employment discrimination class action against Goldman Sachs which is notable for two reasons. First, it addresses when a defendant in a certified class action waives its right to arbitrate. Second, it provides a comprehensive discussion of a topic the Second Circuit has not addressed: the enforceability of arbitration agreements signed after a class action is filed.
Daily Report Online | Commentary
By Carlos González | April 24, 2020
Courts and lawyers must adopt creative approaches to ensure civil dockets do not get neglected and parties secure timely access to justice. Therefore, it is especially worth noting that special masters are well situated to assist courts and litigants as they confront these challenges.
By Thomas E.L. Dewey | April 22, 2020
Settlement and Compromise columnist Thomas E.L. Dewey discusses a recent EDNY case that provides an interesting example of a party seeking a court's assistance to set aside a settlement agreement based on Federal Rule of Civil Procedure 60(b).
By Rob Shwarts and Diana Fassbender | April 22, 2020
When the trial courtrooms do re-open, what options will litigants have to see their cases to resolution? And as important, when jury trials recommence, what will they look like?
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | April 21, 2020
In their Mediation column, Abby Tolchinsky and Ellie Wertheim write: Mediation is a tool that lends itself to these critical pandemic times—for families previously living with great levels of tension and conflict, the chance to have a facilitated conversation and ease the pressure can help spare them added anxiety and even resolve or preclude anger.
The Legal Intelligencer | News
By P.J. D'Annunzio | April 20, 2020
A federal judge in Pennsylvania has confirmed a $1.4 million arbitration award resolving a contractual dispute between a nationally recognized securities rating organization (NRSRO) and its exclusive distributor of ratings services.
Daily Report Online | Commentary
By Gail Tusan | April 15, 2020
If we learn anything from coronavirus-imposed social restrictions and business model modifications, let's keep the wheels turning toward increased efficiency in resolving disputes and turn to colleagues and available resources for help in controlling an uptick in backlogged dockets.
By Patrick R. Kingsley, Stradley Ronon | April 14, 2020
As businesses suffer through this crisis, it is more important than ever that disputes get resolved in a timely and efficient way. And there is a time-tested solution to this problem: mediation. With a new twist, thanks to social distancing.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | April 13, 2020
There is a general sense that employers and providers of goods or services, when preparing agreements relating to contracts of employment or the sale of products, prefer the inclusion of mandatory arbitration provisions that incorporate a prohibition against class actions by employees or consumers.
Daily Business Review | Commentary
By Gill Freeman and Patricia H. Thompson | April 13, 2020
This "brave new world" circumstance, added to the issue of already crowded dockets and the recent retirement of experienced judges, does not bode well for the efficient administration of justice in the near term.
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