By Eugene Goldberg | August 5, 2022
The Legislature is increasingly creating rights enforceable in nonconsensual binding arbitration.
By Laura Keily and Rebecca Leaver | August 5, 2022
While no technology can eliminate the possibility of human error completely, secure, best practice dispute resolution technology goes a long way to minimize the risk of complications arising and potentially impacting the process.
By Erin E. Gleason Alvarez and Peter A. Halprin | August 5, 2022
Lawyers and clients with arbitration clauses should familiarize themselves with emergency arbitration procedures and closely evaluate the benefits or disadvantages of utilizing such relief.
By J.P. Duffy | August 5, 2022
This article examines how the English Rule ensures that parties obtain complete relief, and how that rule assists in regulating party and counsel conduct.
By Alan D. Scheinkman | August 5, 2022
Counsel who are dealing with a valuation dispute should seriously consider the use of alternative dispute resolution; indeed, pursuant to new court rules, the assigned judge may encourage counsel to use ADR to resolve some or all of the issues in the case.
New York Law Journal | Analysis
By Anthony Michael Sabino | July 27, 2022
In this second article in a two-part series, the author discusses the recent U.S. Supreme Court case where the court held that airline cargo loaders and ramp supervisors are deemed "transportation workers" and therefore exempt from the Federal Arbitration Act's arbitration requirement.
New York Law Journal | Analysis
By Anthony Michael Sabino | July 12, 2022
In part one of a two-part series, the author discusses the recent Second Circuit decision in 'Bissonnette v. LePage Bakeries', where the court found that the plaintiffs did not come within the FAA's exception for arbitration.
New York Law Journal | Analysis
By Thomas E.L. Dewey | July 8, 2022
A recent case from the Southern District of New York highlights the risks facing parties that seize opportunities to settle when there is heightened uncertainty in litigation—for example, when a decision on summary judgment is forthcoming.
By Charles Toutant | July 1, 2022
Judges Garry Rothstadt, Jessica Mayer and Arnold Natali Jr. said dismissing the case was "too drastic" a penalty for discovery violations and that lesser penalties were available.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | June 22, 2022
Although courts have discretion to adjudicate the merits of privilege objections to an arbitral subpoena, courts may decline to exercise such discretion, as Judge Rakoff did in 'Turner v. CBS Broadcasting'.
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