New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 26, 2021
In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss how, in cases brought to enforce arbitration awards, rules for serving process on parties located outside the United States are not always as rigid as required by the language of the Federal Rules.
New York Law Journal | Analysis
By Laura E. Drager | May 21, 2021
Since so many divorce actions are resolved without litigation, can ADR methods be successfully employed in divorce actions after litigation commences? The answer is yes, but only if expectations are realistic and coupled with patience.
New York Law Journal | Analysis
By John Fellas | May 17, 2021
The Supreme Court has granted certiorari to resolve the question of whether §1782 can be used in private arbitration. This article address three considerations that bear on the question before the Supreme Court that have not received the attention they deserve.
New York Law Journal | Analysis
By Samuel Estreicher, Rex Heinke and Jessica M. Weisel | May 14, 2021
In their Arbitration column, Samuel Estreicher, Rex Heinke and Jessica M. Weisel write: "Since the emergence of the gig economy, courts have struggled to fit workers in such businesses into the traditional framework of employment law. One common issue is whether the Federal Arbitration Act (FAA) applies to drivers who work for rideshare companies, Uber and Lyft."
New York Law Journal | Analysis
By Jeffrey T. Miller | May 6, 2021
There are mixed results for settling cases during the pandemic.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | April 29, 2021
For mediation practitioners, the work of addressing and resolving high conflict is familiar. In this edition of their Mediation column, Abby Tolchinsky and Ellie Wertheim draw lessons from two recent hit books that lend insight into how we behave—and how we can adjust behavior.
New York Law Journal | Analysis
By Gregg Weiner, Dan Ward and Carrie Sandstrom | April 29, 2021
Contractual arbitration provisions frequently include language that permits the parties to seek injunctive relief from courts under certain circumstances. However, the scope of such "injunction exclusions" varies widely. This article examines the state of the law in a number of jurisdictions, explores litigation pitfalls, and provides practice pointers.
New York Law Journal | Commentary
By Shira A. Scheindlin | April 22, 2021
There is no one-size-fits-all preferred type of proceeding. Every case is unique and presents its own concerns.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | April 19, 2021
In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the nuanced analysis of third-party discovery issues in 'Broumand v. Joseph', a subpoena enforcement proceeding where the out-of-state respondents successfully resisted arbitral subpoenas.
New York Law Journal | Analysis
By Aaron Chase | April 15, 2021
The Appellate Division's decision in 'Matter of Bergassi Group v. Allied World Insurance Co.' offers some straightforward, but valuable, guidance about the interplay between the FAA and CPLR Art. 75, and raises some interesting questions for further review.
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