October 24, 2022 | New York Law Journal
The Case Against Settling Early: The Substantial Upside to Taking Cases to TrialThis article provides an examination of why corporate clients settle early and a discussion of the important benefits of not settling. The article concludes with a look at the "hybrid approach" of binding arbitration for large-value cases, which can combine "the reputational benefit of fighting with the cost certainty and confidentiality of settling."
By Russell Yankwitt and Dina Hamerman
8 minute read
January 14, 2020 | New York Law Journal
Tweaking the Bar on Interlocutory Appeals: Benefits to Clients and the Federal District Courts of an Appeal as of Right From the Denial of a Motion To DismissWith the ever-increasing costs of litigation, expanding interlocutory appeals in the federal courts is highly desirable.
By Russell Yankwitt and Dina Hamerman
6 minute read
October 03, 2019 | New York Law Journal
Controlling Litigation Costs: Automatic Trial Stays Pending Appeal of a Summary Judgment DenialTo alleviate the strain on both parties and overburdened trial courts, we propose amending the CPLR to encourage discretionary stays of the underlying trial while an appeal of a dispositive summary judgment motion is pending.
By Russell Yankwitt and Dina Hamerman
7 minute read
August 15, 2019 | New York Law Journal
Balancing Litigation Costs: The Need for Automatic Discovery StaysTo combat the tension between litigation and skyrocketing litigation costs, the authors propose amending the Federal Rules of Civil Procedure to comport with the position taken by many state courts, including New York, to stay all discovery upon the filing of a dispositive motion to dismiss a complaint.
By Russell Yankwitt and Dina Hamerman
6 minute read
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