March 15, 2024 | New York Law Journal
Supreme Court's Trend in Ruling in Arbitration Topics Should Have Litigators Reflecting on StrategyThis article touches on several Supreme Court decisions related to the Federal Arbitration Act and the potential impact they have on the trajectory of a litigation and/or strategy of litigators.
By Leslie A. Berkoff
8 minute read
November 17, 2023 | New York Law Journal
Artificial Intelligence in the Dispute Resolution Space: Can Robots Replace the Professionals?The use of AI is pervading all aspects of the legal profession, and many are questioning the application of AI within each specific practice area. In the dispute resolution space, AI has already been a part of this practice area for some time—but can it replace human mediators?
By Leslie A. Berkoff
8 minute read
August 07, 2023 | New York Law Journal
Is Your Dispute Resolution Process Truly Confidential?Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
By Leslie A. Berkoff
9 minute read
May 20, 2020 | New York Law Journal
The Singapore Convention: A Viable Method To Enforce Settlement Agreements?A discussion of whether the United Nations Convention on International Settlement Agreements Resulting from Mediation, informally known as the "Singapore Mediation Convention," is meeting its goal of promoting mediation as a viable alternative to litigation of cross-border trade disputes by creating an effective process for enforcing a resulting settlement agreement.
By Leslie A. Berkoff
9 minute read
September 21, 2018 | New York Law Journal
Drawing the Borders on Chapter 15 BankruptcyApril 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court for the Southern District of New York. During those four weeks, three Bankruptcy Judges issued opinions focusing on various aspects of Chapter 15 of the U.S. Bankruptcy Code.
By Leslie A. Berkoff
9 minute read
November 24, 2017 | New York Law Journal
Cybersecurity and Health Care Bankruptcy: Where the Concern LiesLeslie A. Berkoff writes: Over the past six months, cybersecurity attacks have increased around the globe, many of which have specifically impacted the health care industry.
By Leslie A. Berkoff
12 minute read
June 13, 2017 | New York Law Journal
Limitations on Adjudicating Disputes Involving Medicare Provider AgreementsLeslie A. Berkoff and Krista L. Kulp of Moritt Hock & Hamroff write: The power of bankruptcy courts to adjudicate Medicare provider agreements has been addressed by several circuit courts in recent years. Given the distressed nature of the health care industry and the continued bankruptcy filings by health care providers, this issue has become more prominent. However, several circuit courts determined that bankruptcy courts lack jurisdiction to adjudicate these issues; and, recently, the First Circuit took an unusual approach.
By Leslie A. Berkoff and Krista L. Kulp
16 minute read
December 07, 2015 | New York Law Journal
Will Section 363 Become a New Chapter of the Bankruptcy Code?Leslie A. Berkoff and Theresa A. Driscoll of Moritt Hock & Hamroff write: The use of expedited 363 sales prior to, or in place of, plan confirmation has generated much debate among the bankruptcy bench, bar and creditor groups. Notwithstanding this debate, however, bankruptcy courts throughout the nation have approved these types of sales in light of competent evidence of deteriorating asset values.
By Leslie A. Berkoff and Theresa A. Driscoll
12 minute read
December 04, 2015 | New York Law Journal
Will Section 363 Become a New Chapter of the Bankruptcy Code?Leslie A. Berkoff and Theresa A. Driscoll of Moritt Hock & Hamroff write: The use of expedited 363 sales prior to, or in place of, plan confirmation has generated much debate among the bankruptcy bench, bar and creditor groups. Notwithstanding this debate, however, bankruptcy courts throughout the nation have approved these types of sales in light of competent evidence of deteriorating asset values.
By Leslie A. Berkoff and Theresa A. Driscoll
12 minute read