New York Law Journal | Analysis
By Angela Turturro | March 16, 2020
In this Special Report: "Resolving Financial Disputes Through Mediation," "The March Towards Cybersecurity Maturity in Arbitration," "Deal-Dispute Mediating: A Former Deal-Maker's Perspective," "It's Not Just About Mediation: 'Presumptive ADR' and the Spectrum," "Getting Real About Discovery in Arbitrations" and "Party Autonomy, Repeat Appointments and 'Halliburton'."
The Legal Intelligencer | News
By Max Mitchell | March 13, 2020
Uber argued that, upon registering, the rider would have reached a screen that told her she was agreeing to the terms and conditions by creating an Uber account, and that the screen would have included a hyperlink to the company's arbitration policy.
By Ross Todd | March 13, 2020
U.S. District Judge Charles Breyer also ruled that he will allow plaintiffs to pursue "time sensitive" injunctive relief during tax season despite the company's indications it will seek an interlocutory appeal of his ruling on the arbitration issue.
By Jim Freund | March 13, 2020
This is prime territory for mediation—especially because it's not easy for judges or arbitrators to resolve disputed issues of business judgment, nor may they impose on the situation the kind of resourceful business solutions that the parties can hopefully fashion with the mediator's assistance.
By Claudia Lanzetta | March 13, 2020
The spectrum is a visual representation of all of the dispute resolution processes from negotiation through and including litigation. This article is meant to provide a brief overview of processes on the spectrum, other than mediation, that the courts may be employing.
By Peter A. Halprin and Kayla Robinson | March 13, 2020
When an arbitrator has been repeatedly appointed by the same party, it raises questions as to whether that arbitrator can serve without favoring that party or, at a minimum, appearing to be dependent on that relationship in a way that would affect the arbitrator's freedom of judgment.
By Michael W. Emerson | March 13, 2020
A case study from the perspective of in-house counsel.
By Randa Adra | March 13, 2020
This progress towards cybersecurity maturity in arbitration is long overdue, but a welcome development in an industry where cyber risk is substantial and cyber resilience is imperative.
By David Brodsky | March 13, 2020
Because of the fundamental differences between litigation and arbitration, codified in the Federal Arbitration Act, or similar state statutes, arbitrators, and courts dealing with enforcement issues, have dealt with the revolution in very different ways.
By Jenna Greene | March 10, 2020
It's too soon to say if binding arbitration will be a viable new path for merger challenges, but the historic case gave Trump antitrust enforcers a way to come across as both pro-enforcement and pro-business—not an easy needle to thread.
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