November 18, 2022 | New York Law Journal
Construction Disputes Soar, Along With Use of Arbitration FinanceThe construction industry is likely to remain in flux in the upcoming years, and legal finance will serve as an essential tool for parties in construction disputes.
By Apoorva Patel, Christiane Deniger and Joe Durkin
10 minute read
November 18, 2022 | New York Law Journal
Crafting an Effective Arbitration Clause: Lessons Learned From International Cases To Help Avoid Common PitfallsUsing recent developments in case law from across international jurisdictions, this article highlights common drafting pitfalls and offers practical guidance for crafting effective, enforceable arbitration clauses. The key message is to keep your drafting clear, concise and simple.
By Erin Thomas, Monique O'Donoghue and Catherine Karia
8 minute read
November 18, 2022 | New York Law Journal
What Is Bad Faith in Mediation?The adversarial system of litigation is not one that engenders trust among counterparties. So, it makes sense for people to expect the worst of one another when they arrive at the negotiation table. But this can become an issue in mediation when it clouds the decision-making processes of counsel and client alike.
By Erin E. Gleason Alvarez
6 minute read
November 18, 2022 | New York Law Journal
When To Litigate or Use ADR To Solve a DisputePeople do not always solve their disputes without the aid of others. In this article, David Berkey discusses the pros and cons of using litigation or an alternative method of dispute resolution (ADR) such as mediation or arbitration to bring closure to a dispute.
By David Berkey
9 minute read
November 18, 2022 | New York Law Journal
The Case for the Activist MediatorA passive approach to mediation in the hard-bitten world of New York litigation will simply lead to organized chaos. In this article, John M. Delehanty outlines the active steps that a mediator should take to assure a successful resolution of a commercial dispute.
By John M. Delehanty
6 minute read
November 18, 2022 | New York Law Journal
Get It in Writing: Oral Agreements Are 'Ill-Suited Means of Forming Enforceable Contracts''Van Bortel v. Ford Motor Co.' serves as a reminder that while oral agreements can sometimes be enforceable, it is rare. Contracts should be in writing.
By Jessica Copeland and Riane Lafferty
10 minute read
November 18, 2022 | New York Law Journal
Mitigating the Rising Tide of Data Breach Costs for Global Corporations Through Regulatory Compliance ManagementPutting off a company's cyber assessment of its compliance obligations will likely foretell some rough spots ahead that are characteristically unpredictable in both depth and scope.
By Rebecca L. Rakoski and Patrick D. Isbill
9 minute read
November 18, 2022 | New Jersey Law Journal
An Update on Recent and Emerging Privacy Laws: When the Client's Reach Is NationwideIt is critical for attorneys advising businesses that reach consumers both inside and outside of New Jersey to be aware of these new requirements to provide appropriate advice to their clients.
By Nancy Del Pizzo and Deborah Isaacson
12 minute read
November 17, 2022 | Law.com
Common Sense Isn't Dead in Statutory Construction, Even When Statute Is UnambiguousFourth Circuit predicts how North Carolina Supreme Court would interpret notice requirement in insurance statute, emphasizing legislative purpose.
By Michael W. Mitchell, Edward Roche and Shameka Rolla
5 minute read
November 17, 2022 | New Jersey Law Journal
Victim of Sexual Abuse Entitled to Anonymity, But Not DefendantCourts are encouraged, at all times, to favor transparency because "a trial is a public event."
By Louis F. Locascio
6 minute read