September 21, 2022 | The Recorder
On Appeals: When the Court Phones a Friend: Certification of Questions of State LawGiven the increased interest in certification, litigators of all stripes should understand the rules governing it.
By Susan Yorke
7 minute read
June 02, 2022 | New York Law Journal
Open Questions After Enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment ActThe new law raises a host of legal, practical, and political questions as to the continuing viability of agreements to arbitrate claims of sexual harassment and assault—and employment disputes more broadly.
By Samuel Estreicher, Rex Heinke and Susan Yorke
7 minute read
October 28, 2021 | New York Law Journal
'Chamber of Commerce v. Bonta': A Temporary Reprieve for California AB 51, Which Prohibits Conditioning Employment on the Waiver of the Right To Litigate?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
July 24, 2020 | The Recorder
On Appeals: The Surprising Humanity of Remote WorkWe talk a lot about when things might "return to normal." In the context of law practice, it may be worth asking whether they should.
By Susan Yorke
6 minute read
September 13, 2019 | The Recorder
On Appeals: Think Outside the ClichéFor trial lawyers who are pressed for time during motion practice, making a point by cliché might seem like the simplest and most effective way to convey their message. But using clichés in legal writing can be a risky business.
By Susan Yorke
6 minute read
May 15, 2019 | The Recorder
On Appeals: Lessons Learned From the Languishing Lace CasesFor the second time in five years, the U.S. Court of Appeals for the Ninth Circuit has breathed new life into Malibu Textile's claims that fast-fashion retailer H&M, among others, copied its lace designs.
By Susan Yorke
7 minute read
November 08, 2018 | The Recorder
On Appeals: The Unspoken Power of Jury Nullification in the Context of Conflicting State and Federal LawFew topics provoke as much consternation among lawyers and law students as jury nullification. It's a legal problem child—serving as a vital check on government power while simultaneously undermining the very premise of our adjudicative system.
By Susan Yorke
7 minute read
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