New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | April 15, 2019
In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the court's recent decision in 'Otto v. Hearst Communications', which tackles whether all material representations made during a settlement conference must be truthful and whether a lawyer can be sanctioned for misrepresenting a material fact during a settlement conference.
By Meghan Tribe | April 15, 2019
Tai-Heng Cheng, who chaired Quinn Emanuel's New York international arbitration practice, is joining Sidley as a partner.
New York Law Journal | Analysis
By Milton Springut | April 12, 2019
How far can a lawyer go in “bending” the truth in settlement negotiations?
New York Law Journal | Analysis|Expert Opinion
By Abby Tolchinsky and Ellie Wertheim | April 9, 2019
Mediation columnists Abby Tolchinsky and Ellie Wertheim learned of a “fascinating AI application that provides a semblance of mediation” and they ask the question: How might a machine replicate the work of facilitating an autonomous, values-based, and personalized process? How might a machine augment—if not replace—the work of the mediator?
New York Law Journal | Expert Opinion
By Gerald M. Levy | April 9, 2019
In 1974 Major League Baseball introduced what is now known as “baseball arbitration.” If a player's representative and the club ownership cannot reach a salary agreement through negotiation, each party enters a final submission and presents its case to a panel of arbitrators which then chooses one or the other of the bids with no other result being allowed. Many real estate lawyers now advise clients to utilize this method for resolving conflicts.
New York Law Journal | Analysis
By Alan Howard and Adam Mandelsberg | April 5, 2019
In its recent decision in 'Henry Schein v. Archer & White Sales', the Supreme Court concluded that Congress stripped federal courts of authority to adjudicate any aspect of the gateway issue of arbitrability between parties who have an existing arbitration agreement which delegates that issue to the arbitrator(s). Does this decision portend further deference to empower arbitrators, and not courts, to decide other gateway issues, and what does this possibility mean for parties negotiating arbitration agreements or considering litigation notwithstanding such an agreement?
By Jason Grant | April 3, 2019
The partners, Erik Groothuis and Jonathan Mazer, believe the venture can become a go-to alternative for small businesses that might otherwise abandon—or never bring—smaller-amount commercial claims that are viewed as too costly to litigate in light of the expected recovery.
By Dan Packel | March 27, 2019
While Curtis "punches above its weight," it had become harder to keep her practice going at the smaller firm, said ex-partner Miriam Harwood.
New York Law Journal | Analysis
By John Fellas | March 26, 2019
In his International Arbitration column, John Fellas discusses the decision in 'Schein v. Archer and White', in which the U.S. Supreme Court addressed a narrow aspect of a perennial question that arises in arbitration: Who, as between courts and arbitrators, should resolve objections to arbitrability made at the outset of an arbitration proceeding?
New York Law Journal | Analysis
By Arthur J. Ciampi | March 21, 2019
In his Law Firm Partnership column, Arthur J. Ciampi analyzes the case 'Cuker v. Berezofsky', and considers the benefits and detriments of arbitrating law firm disputes.
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