March 12, 2021 | New York Law Journal
A Proposal for Private Judging in New YorkNew York should take a cue from California and other states and amend the CPLR to allow for litigants to select "private judges" to decide civil disputes through final judgment at the trial court level.
By David B. Saxe and James M. Catterson
11 minute read
November 20, 2020 | New York Law Journal
Med-Arb: Is It the Wave of the Future?The pressure on the Alternate Dispute Resolution world to handle a dramatic increase in volume offers the opportunity to consider a third or hybrid process of dispute resolution known as Med-Arb, the melding of the two established conflict resolution processes—mediation and arbitration.
By David B. Saxe
7 minute read
November 03, 2020 | New York Law Journal
The Hearing-Challenged Attorney in the Courtroom—Progress and PitfallsThe hearing-challenged attorney does not seek to be defined by the disability or garner sympathy; rather, the hearing-challenged attorney seeks to be on equal footing with all attorneys and the court.
By David B. Saxe and Giovanna Tuttolomondo
10 minute read
October 05, 2020 | New York Law Journal
Online Mediation of Matrimonial Matters? It WORKSA discussion of the benefits of online mediation for matrimonial disputes.
By David B. Saxe and Joaquin Ezcurra
7 minute read
June 02, 2020 | New York Law Journal
Lawyers Coping With Enforced Social IsolationIn this new environment where lawyers are working remotely, serious stressors are at work resulting from the social isolation growing out of the COVID-19 pandemic, producing in some cases serious anxiety and depression.
By David B. Saxe and Haley Volk Solomon
6 minute read
May 05, 2020 | New York Law Journal
Digital Courtroom Advocacy: A Second LookWhat will happen when the pandemic subsides, as it eventually will? Will the advent of digital technology forever alter the way in which law is practiced in the courts?
By David B. Saxe
5 minute read
March 09, 2020 | New York Law Journal
Contractual Force Majeure Provisions and the Spreading CoronavirusParties should scrutinize their existing contracts to see if those contracts include a force majeure clause and to see whether coronavirus is a force majeure event.
By David B. Saxe and Michael Mix
7 minute read
January 13, 2020 | New York Law Journal
Breach of Contract and Fraudulent Inducement Claims: Two Bites at the Apple?Complaints often assert a breach of contract cause of action that is framed by a fraudulent inducement cause of action. The purpose of this piece is to point out the difficulties presented when the practitioner attempts to plead both claims concurrently.
By David B. Saxe and Michael Mix
10 minute read
August 21, 2019 | New York Law Journal
Strained Relationships Fade When Judges Break BreadWhatever unpleasantness may have arisen during our time on the court has long ago faded and been overcome by the positive feelings we have maintained for this wonderful institution and the judges who gave it life.
By David B. Saxe
7 minute read
August 16, 2019 | New York Law Journal
Adding a Right of Appeal in ArbitrationHaving an appeal process as part of an arbitration might help prevent irrational awards.
By David B. Saxe
9 minute read
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