By Robert S. Friedman | February 8, 2019
This article examines fee-shifting options in the context of the American Rule in which parties presumptively pay their own fees regardless of the outcome, including the offer of judgment rules under FRCP 68 and CPLR 3220. Many of these opportunities are misunderstood and underutilized.
By Lucila I. M. Hemmingsen and Nathaniel E. Haas | February 8, 2019
The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.
By Jeffrey L. Schulman | February 8, 2019
There are certain circumstances under New York law in which an insurance agent or broker can be potentially liable for failing to procure coverage on behalf of its insured.
By Jenna Greene | February 8, 2019
A shout-out to the runners up for Litigator of the Week from Sidley Austin; Kaplan Hecker & Fink; Gibson, Dunn & Crutcher and Jenner & Block.
Daily Business Review | Profile
By Raychel Lean | February 8, 2019
Stroock & Stroock & Lavan's head of media and entertainment law James Sammataro reveals what it's like to represent Fortune 500 companies, celebrities and media producers in lawsuits across the country.
By Jenna Greene | February 8, 2019
Latham & Watkins global IP co-chair Michael Morin and partner David Frazier delivered a save worth billions to clients Janssen Biotech Inc. and Genmab A/S.
The Legal Intelligencer | Commentary
By Daniel E. Cummins | February 7, 2019
Over the past year, the Pennsylvania state trial and appellate courts have continued to grapple with issues pertaining to social media discovery as well as the admissibility of social media evidence at trial.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | February 7, 2019
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant recent decisions, including: a case in which defendant was found liable to pay restitution in a “pump and dump” stock fraud; a case in which the judge declined to dismiss an action challenging the government's termination of Haiti's Temporary Protected Status designation; and a case dismissing a claim by a Medicare provider challenging the procedures of the New York Department of Health in pursuing its Accelerated Collection Campaign.
The Legal Intelligencer | Commentary
By Stephen A. Antonelli | February 7, 2019
Throughout the shutdown, there were numerous news stories concerning the deadlines by which federal courts were expecting to run out of money. As a result, employment litigators and other federal court practitioners questioned whether the shutdown would interfere with their clients' filing deadlines and how it might affect their practices, generally.
New York Law Journal | Analysis
By Devika Kewalramani, Liberty T. McAteer and Gregory S. Shatan | February 7, 2019
Until the time that lawyers and law firms begin to treat information security and data privacy awareness and diligence as key components of their practice management—on an even footing with other critical issues such as conflicts of interest, confidentiality and privilege—our collective blind spot will continue to be a target for rogue actors.
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