Patricia Kane

August 10, 2020 | New York Law Journal

Tim Capowski and John Watkins discuss the inherent problems with the "tailored testimony rule" and conclude that "allowing litigants to reverse or revise themselves, without explanation, and without penalty undermines the search for truth and turns litigation into mere sport."

By Tim Capowski and John Watkins

18 minute read

August 07, 2020 | New York Law Journal

In times of increasing risks of insolvency, as well as trade and travel restrictions, this article identifies issues tribunals and claimants need to consider when facing a non-participating respondent in international arbitration.

By Claudia T. Salomon and Florian Loibl

9 minute read

August 07, 2020 | New York Law Journal

Why spend money on crafting a lengthy arbitration clause and then pay an arbitrator to figure out what it means when you can get free, expedited consideration from judges that specialize in adjudicating these very disputes?

By John J. Zefutie, Jr. and Ugo Colella

8 minute read

August 07, 2020 | New York Law Journal

Historically, ADR in the contested estate arena has been woefully under-utilized. This article looks at the benefits of submitting trust and estate disputes to mediation, and shows how videoconference mediations and arbitrations have become a viable alternative to court-adjudications.

By Peter B. Skelos

8 minute read

August 07, 2020 | New York Law Journal

Arbitration offers numerous benefits for resolving disputes, particularly in the current global environment. This article discusses the reasons parties may wish to do so, and practical tips for doing so effectively.

By J.P. Duffy

7 minute read

August 07, 2020 | New York Law Journal

A discussion of the rise in the use of statutory adjudication in various jurisdictions in the context of complex construction disputes, and a look at whether the United States is now ready to also embrace this ADR option.

By Steve Baldini and Hamish Lal

9 minute read

August 07, 2020 | New York Law Journal

During the coronavirus pandemic, the question arises: Should litigants and lawyers attend trial proceedings through the technology platforms that exist or should we all strive to attend court in person?

By Gary M. Fellner

8 minute read

August 07, 2020 | New York Law Journal

Is an indirect purchaser antitrust class properly certified under Federal Rule of Civil Procedure 23(b)(3) where it includes at least 55,000 concededly uninjured members, corresponding to 5.7% of the entire class? The Eastern District of New York recently answered yes.

By Richard S. Taffet and Jonathan Justl

8 minute read

August 06, 2020 | New York Law Journal

Prior to March 18, 2020, fathers typically would demand 50/50 access time with their child following a divorce. Amid the pandemic, the custodial landscape has experienced a tectonic shift. Both litigants, lawyers and judges have had seismic experiences which will likely shift their approach to custodial issues in New York courts.

By Eric Wrubel

5 minute read

August 06, 2020 | New York Law Journal

Today marks the five-year anniversary of Second Circuit's decision in Cheeks v. Freeport Pancake House. In the years since Cheeks was decided, the contours of what is permissible and impermissible in the settlement of FLSA claims have been developed by the district courts as they undertake "Cheeks" review of FLSA settlement agreements.

By Louis Pechman and Galen Baynes

8 minute read