Samuel Estreicher

July 01, 2020 | New York Law Journal

It is undoubted that new cases will occur, and not only because of the increase in testing: the risk is particularly great for those whose jobs require in-person interaction (i.e., they cannot work from home) and who continue to rely on public transportation to get to work.

By Samuel Estreicher and Christopher Ioannou

13 minute read

June 01, 2020 | New York Law Journal

The legal duty to provide a safe workplace requires each employer look closely at the circumstances of their specific workplace to determine what additional steps, if any, must be taken.

By Samuel Estreicher and Elisabeth H. Campbell

6 minute read

May 15, 2020 | New York Law Journal

In this Arbitration column, Samuel Estreicher discusses decisions that suggest we are likely to witness resort to discovery through the federal courts in a great many international arbitrations where the individual or entity from which documents or other information is sought has sufficient contacts with the Unites States to satisfy §1782's jurisdictional standards.

By Samuel Estreicher

6 minute read

January 16, 2020 | National Law Journal

The question is not whether President Donald Trump should be impeached, but rather whether Congress is correct to address that question without resort to any clear standard or uniform principle.

By Samuel Estreicher and Christopher S. Owens

6 minute read

October 30, 2019 | New York Law Journal

In this Arbitration column, Samuel Estreicher writes: In view of the Supreme Court's 'Epic Systems' decision, it becomes imperative to take up the challenge of Justice Ruth Bader Ginsburg's dissent and to see if there are ways to capture some of the efficiency gains of employment class actions without compromising the benefits of bilateral arbitration proceeding between the employer and its employee.

By Samuel Estreicher

17 minute read

July 12, 2019 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss a recent case that serves as a good example of sound U.S. judicial discretion in dealing with foreign arbitration awards.

By Samuel Estreicher and Holly H. Weiss

4 minute read

May 17, 2019 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss the recent Supreme Court decision in 'Lamps Plus', which sends a strong signal that courts cannot order class arbitration absent an affirmative contractual basis for doing so.

By Samuel Estreicher and Holly H. Weiss

5 minute read

March 15, 2019 | New York Law Journal

In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss 'New Prime v. Oliveira', in which the Supreme Court ruled on an exception to arbitrability under §1 of the Federal Arbitration Act (FAA), 9 U.S.C. §1, and 'Diag Human v. Czech Republic', in which the U.S. Court of Appeals for the D.C. Circuit ruled on the binding nature of foreign arbitral awards.

By Samuel Estreicher and Holly H. Weiss

7 minute read

November 16, 2018 | New York Law Journal

In April 2018, New York state enacted an anti-sexual harassment law with various requirements for employers. Six months later, the New York State Department of Labor issued guidance, including model documents and Frequently Asked Questions (FAQs), to assist employers in complying with the new statutory requirements. This column addresses the likely impact of these requirements and prohibitions on employers in New York.

By Samuel Estreicher and Holly H. Weiss

5 minute read

September 25, 2018 | New York Law Journal

While the reaction to the plea has been varied, a general theme is that Cohen's plea almost assuredly demonstrates Trump's guilt. We think there are several unresolved factual and legal issues which, until they are settled, preclude any firm conclusion of liability.

By Samuel Estreicher and David Moosmann

8 minute read