Alan Howard

April 05, 2019 | New York Law Journal

In its recent decision in 'Henry Schein v. Archer & White Sales', the Supreme Court concluded that Congress stripped federal courts of authority to adjudicate any aspect of the gateway issue of arbitrability between parties who have an existing arbitration agreement which delegates that issue to the arbitrator(s). Does this decision portend further deference to empower arbitrators, and not courts, to decide other gateway issues, and what does this possibility mean for parties negotiating arbitration agreements or considering litigation notwithstanding such an agreement?

By Alan Howard and Adam Mandelsberg

8 minute read

May 04, 2007 | New York Law Journal

Eric Schwartz, a practitioner at LeBoeuf, Lamb, Greene & MacRae, and Alan Howard, a partner at the firm, write that a recent case in federal court brings to mind the old saying that "the road to Hell is paved with good intentions" as courthouse doors could swing open to a flood of future applications for the discovery of evidence against U.S. businesses for use in international arbitration proceedings.

By Eric Schwartz and Alan Howard

7 minute read