Dickstein Shapiro partners Peter W. Morgan and Nicholas J. Zoogman write that defendants in a multiparty case typically measure their own success or failure in comparison to other defendants’ results – often to a much greater degree than by the perceived value of their own settlement as a standalone proposition. When circumstances do not allow defendants to agree upon an allocation formula, blind bidding may serve as a creative solution to relative value problems.
Clarifying the Standard for Determining Arbitrator Bias 
Michael S. Oberman, a partner at Kramer Levin Naftalis & Frankel, traces the evolution of the standard for evident partiality, including the lastest guidance from the Second Circuit and the New York Court of Appeals’ adoption of the circuit’s reasoning.
