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New York Law Journal

The Rise and Rise of Statutory Adjudication: Is the U.S. Ready?

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.
9 minute read

New York Law Journal

Going to Trial During the Pandemic?

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?
8 minute read

New York Law Journal

Class Certification in Antitrust Cases with Uninjured Class Members

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.
8 minute read

International Edition

We Must Do More to Help Stressed Out Junior Lawyers Who Are Being Punished for Covering Up Mistakes

Elizabeth Rimmer, CEO of legal mental health charity LawCare, is calling for a safer environment for junior lawyers to admit mistakes and avoid damaging the reputation of the industry.
6 minute read

The Legal Intelligencer

Ethics Forum: Questions and Answers on Professional Reponsibility

I am a young lawyer. What ever happened to collegiality among lawyers?
8 minute read

New York Law Journal

Blurred Lines: Balancing Parenting Roles Post Divorce Amid COVID

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.
5 minute read

New York Law Journal

'Cheeks v. Freeport Pancake House': Five Years Later

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.
8 minute read

New York Law Journal

Supreme Court Clarifies Disgorgement in Securities Cases and Beyond

"The denouement of Liu is its confirmation that disgorgement is a component of the equitable relief available to the SEC in enforcement cases, strictly constrained in its application, and undeniably subordinate to venerable axioms of equity jurisprudence."
8 minute read

New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Agudas Chasidei Chabad of the U.S. v. Congregation Lubavitch Inc.,"
16 minute read

New York Law Journal

Daily Fantasy Sports Decisions Risk Clouding Legal Landscape

The New York Appellate Division and the Illinois Supreme Court recently issued conflicting opinions on whether daily fantasy sports are considered gambling. This article examines these two decisions and their impact on the legal landscape of paid contests involving chance and skill.
9 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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