New York Law Journal | Analysis
By Robert Rabinowitz and Sarah Klein | December 16, 2019
FINRA's Board of Governors voted in favor of a rule change that would bar NARs from representing individuals in FINRA arbitration cases. The rule change must be approved by the Securities and Exchange Commission before it can become effective.
New York Law Journal | Analysis
By Harvey M. Stone and Richard H. Dolan | December 12, 2019
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan discuss a decision denying a motion to suppress statements made during detention at a border crossing; a ruling on the admissibility of certain hearsay statements as present sense impressions and excited utterances; and a decision holding that a collective bargaining agreement did not give defendant company the right to compel arbitration of a sexual harassment claim.
New York Law Journal | Analysis
By Laura A. Kaster and David C. Singer | December 11, 2019
Any serious examination reveals significant limits to arbitration confidentiality even when the arbitration is a business-to-business arrangement. When consumers, employees, or investor-state disputes are involved, there are even fewer confidentiality protections.
New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | December 10, 2019
In their Mediation column, Abby Tolchinsky and Ellie Wertheim consider how some mediation skills may provide opportunities for attorneys who are engaging in difficult conversations to find areas for connection and understanding, if not for agreement.
New York Law Journal | Analysis
By Paul Bennett Marrow | December 4, 2019
Can a lawyer admitted in New York, in good standing, represent a client in an arbitration taking place in a state where the lawyer isn't admitted to practice law?
New York Law Journal | Analysis
By Timothy P. Harkness, David Y. Livshiz and Paige von Mehren | December 3, 2019
While the 'ALJ v. FedEx' decision has prompted concern in some corners that U.S.-style discovery will corrupt private international arbitration, the reality is much more nuanced.
New York Law Journal | Analysis
By Benjamin F. Heidlage | November 25, 2019
What Wednesday's discussion made clear is that the substantial value of the Restatement extends beyond statements of the law themselves to the Reporters' comments that follow and further elucidate them.
By Angela Turturro | November 25, 2019
In this Special Report: "The Benefits of Early Mediation: The Path Least Taken Requires Commitment," "Resolving Disputes Through Mediation: 5 Tips To Make the Process Successful," "Your Arbitration Provider Has Vanished. Now What?," "The Singapore Convention: A Path To Advance International Economic Development With Mediation" and "Section 1782 Applications in International Arbitration and Award Enforcement Proceedings: What Practitioners Need To Know,"
By J.P. Duffy and Philip Danziger | November 22, 2019
This article examines the instances in which §1782 can be used in support of both international arbitrations and foreign award enforcement proceedings, as well as its extraterritorial reach.
By Richard P. Byrne and Peter B. Skelos | November 22, 2019
The key to an effective early mediation is a commitment to the process. Absent that up-front recognition, an early mediation serves as nothing more than a weigh station on the litigation turnpike—easily passed with the employment of phrases such as "it's too early," "we don't have enough information" and the like.
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