Alternative Dispute Resolution

  • New York Law Journal | Analysis

    Why Arbitration Finance Will Become More Popular in 2019

    By Jeffery Commission | March 8, 2019

    What is certain, even against a backdrop of change, is the permanence and expected growth of arbitration finance. The tool continues to leave favorable impressions on those who interact with it.

  • Law.com | News

    Democrats Launch Effort to Bar Mandatory Arbitration in Disputes

    By Charles Toutant | February 28, 2019

    The bills come as major corporations such as Google are getting rid of mandatory arbitration for some employment disputes.

  • New York Law Journal | Analysis

    Class Action Settlement Approval in an Era of Heightened Judicial Scrutiny

    By Dan Donovan, Ragan Naresh and Carrie Bodner | February 27, 2019

    Recent case law highlights that settling a class action is fundamentally different than settling an individual one. The courts take seriously their obligation to scrutinize class action settlements—and often decisions made years before a settlement can hinder the ability to settle a case on a classwide basis.

  • New York Law Journal | News

    Justice Charles Ramos, Retired From Commercial Division, Launches ADR Firm With Former Clerk

    By Jason Grant | February 22, 2019

    Ramos—who says he disposed of 14,000 matters, including 10,000 commercial cases, in a 35-year judicial career—and his former principal clerk view the firm as a means of continuing, and capitalizing on, a “tag-team” method developed over the years that they say efficiently helped many parties resolve long-lasting and expensive cases.

  • New York Law Journal | Analysis

    Data Breaches: An Expanding Frontier in Securities Class Actions

    By Mark D. Harris and Margaret A. Dale | February 21, 2019

    Corporate and Securities Litigation columnists Mark D. Harris and Margaret A. Dale write: So-called “event-driven” securities class actions are on the rise, with data breaches representing one of the most significant categories of events driving this trend. How the courts will treat the proposed settlements that arise in these cases remains to be seen.

  • New York Law Journal | Analysis

    Sanctions Stick Even After Settlement

    By Edward M. Spiro and Christopher B. Harwood | February 15, 2019

    In this Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision, 'Rogue Wave Software v. BTI Systems', writing: It is no longer a given that courts will vacate sanctions orders as part of a settlement. Rather, courts will balance the relevant interests at stake, and the more egregious the conduct leading to a sanctions order, the less likely it is that a court will vacate it.

  • New York Law Journal | Analysis

    Binding Nonsignatories to Arbitration Agreements

    By Thomas J. Hall and Judith A. Archer | February 14, 2019

    In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent cases which show the Commercial Division recognizes that circumstances may require binding nonsignatories to arbitration agreements. The direct benefit theory of estoppel and agency is the most frequent reason that demands for arbitration are granted against nonsignatories. Individuals and businesses would do well to be mindful of these theories when interacting with business partners and affiliates lest they find themselves in an unexpected arbitration.

  • New York Law Journal

    'Deference to Arbitrators Is Not Without Its Limits,' But Those Limits Are Tightly Circumscribed

    By Lucila I. M. Hemmingsen and Nathaniel E. Haas | February 8, 2019

    The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.

  • New York Law Journal | Analysis

    District Court Refuses to Vacate Sanctions Awards Following Settlement

    By Thomas E.L. Dewey | January 25, 2019

    In his Settlements and Compromise column, Thomas E.L. Dewey discusses a recent decision from the Southern District of New York, which reminds us that the parties are not the only ones who have a say in what can be resolved in a settlement agreement. Courts have an interest in preserving their authority to enforce orders and procedural rules, and parties cannot avoid the consequences of noncompliance through private settlement.

  • New York Law Journal | Analysis

    RBG and Jay-Z: A 12-Step Recovery Plan for Increasing Diversity in ADR

    By Linda Gerstel | January 24, 2019

    2018 will be remembered as the year Jay-Z forced a media spotlight on the lack of diversity in Alternative Dispute Resolution. Jay-Z's complaint drives home the fact that meaningful change on this front depends on clients and their lawyers—the ultimate selectors, the purchasers of arbitration services.

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