Samuel Estreicher

October 28, 2021 | New York Law Journal

In their Arbitration column, Samuel Estreicher, Rex Heinke and Susan Yorke discuss a case that addressed the question of whether AB 51 (which prohibits employers from conditioning employment on an applicant's waiver of various rights, including the right to litigate) both conflicted with and undermined the objectives of the FAA.

By Samuel Estreicher, Rex Heinke and Susan Yorke

6 minute read

August 05, 2021 | New York Law Journal

The OLC opinion explores the question of whether the current Emergency Use Authorization status of the COVID-19 vaccines would preclude public or private entities from mandating those vaccines. OLC concludes that it does not.

By Elena J. Voss and Samuel Estreicher

8 minute read

August 03, 2021 | New York Law Journal

In their Arbitration column, Samuel Estreicher, Rex Heinke and Jessica Weisel discuss a case that will be before the U.S. Supreme Court in the October term, 'Servotronics v. Rolls-Royce PLC', which asks the court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations. In what looks like a simple matter of statutory interpretation—defining the term "tribunal"—the case may shed new light on how the current court approaches traditional interpretive tools.

By Samuel Estreicher, Rex Heinke and Jessica Weisel

8 minute read

July 08, 2021 | New York Law Journal

A near-unanimous majority of the U.S. Supreme Court dealt yet another blow to plaintiffs seeking to bring lawsuits against corporations for violations of international law holding that mere "corporate activity" within the United States is not enough to satisfy the general presumption against the extraterritorial application of federal law.

By Samuel Estreicher and Julian G. Ku

7 minute read

June 10, 2021 | New York Law Journal

Application of the relevant legal standards reveals that Israel has a sound legal justification for using military force against Hamas, and that its use of such force likely conformed to the applicable international laws of war, whereas Hamas on the other hand has repeatedly violated the core, bedrock principle that civilians cannot be targeted, whatever the ostensible justification.

By Samuel Estreicher and Julian G. Ku

9 minute read

May 14, 2021 | New York Law Journal

In their Arbitration column, Samuel Estreicher, Rex Heinke and Jessica M. Weisel write: "Since the emergence of the gig economy, courts have struggled to fit workers in such businesses into the traditional framework of employment law. One common issue is whether the Federal Arbitration Act (FAA) applies to drivers who work for rideshare companies, Uber and Lyft."

By Samuel Estreicher, Rex Heinke and Jessica M. Weisel

8 minute read

April 20, 2021 | New York Law Journal

In this U.S. Foreign Relations column, Samuel Estreicher and Julian G. Ku discuss a recent ruling that the ICC's jurisdiction extends to territory occupied by Israel during the 1967 Six Day War, namely, the West Bank, Gaza and East Jerusalem. The decision clears the way for the ICC's Prosecutor to investigate, arrest, and try any individual whom it finds has committed serious violations of international law in those territories. Israel has rejected this decision and its applicability to Israeli nationals, especially Israeli soldiers. The largely unpersuasive legal basis for the decision to authorize expansive jurisdiction will undercut the ICC's future effectiveness and legitimacy.

By Samuel Estreicher and Julian G. Ku

8 minute read

March 17, 2021 | New York Law Journal

The court's strict interpretation of when international law would permit an exception to foreign sovereign immunity fits within a larger pattern of Supreme Court decisions restricting the ability of foreign plaintiffs to bring cases into U.S. courts that have little or no connection to the United States.

By Samuel Estreicher and Julian G. Ku  

10 minute read

January 20, 2021 | New York Law Journal

In his Arbitration column, Samuel Estreicher discusses 'Fedor v. United Healthcare', in which the Tenth Circuit made clear that that the severability doctrine does not come into play unless there is an underlying arbitration agreement, and whether such an agreement has been formed is for the arbitrator to decide. In other words, contract formation issues are for the court, not the arbitrator.

By Samuel Estreicher

7 minute read

October 22, 2020 | New York Law Journal

In his Arbitration column, Samuel Estreicher notes that the Seventh Circuit has bucked a recent trend in the lower courts holding that parties to private international arbitrations can obtain court-based discovery via 28 U.S.C. §1782.

By Samuel Estreicher

5 minute read