New York Law Journal | Commentary
By James W. Borkowski | June 21, 2023
As part of his longsighted preparation, President Theodore Roosevelt cultivated relationships not only with Japanese and Russian leaders, but also with European diplomats who would later assist in the Portsmouth peace negotiations. All these relationships built the trust that would be essential in concluding the peace agreement.
New York Law Journal | Analysis
By Elizabeth Bonina | June 16, 2023
Currently, there is an open look-back window for lawsuits to be filed under the Adult Survivors Act, and it is anticipated that there will be many filings pursuant to this statute. This article discusses the use of mediation to resolve these cases and why mediating these matters must be handled with care and consideration.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | May 24, 2023
In most instances, functus officio prevents further action by the tribunal, meaning that the parties—to their dismay, or delight, depending on their position in the case—are stuck with the award, even when the arbitrators have acknowledged the award contained an error and would like to correct it. A recent Second Circuit decision, however, shows that this doctrine is not necessarily as limited as many may believe.
By Judith J. Gische | May 23, 2023
A discussion of the recent decision in Matter of TCR Sports Broadcast Holding v. WN Partner, where the New York State Court of Appeals ended a nine-year battle in the New York State courts between the Washington Nationals and the Baltimore Orioles concerning their respective rights to profits and fees earned from telecasting games. Judge Judith Gische writes: "You are probably thinking—it took nine years in the courts for this matter to be resolved and while it did not fulfill arbitration's goal of expediency, at least the matter is over. Think again."
By Paul B. Lackey, Kieran M. Corcoran and Bailey L. McGowan | May 16, 2023
The chaos of the early pandemic days continues to resonate. As a result, many judges looked for other avenues to offload their dockets—including virtual arbitration hearings.
By Alaina Lancaster | Zack Needles | April 28, 2023
In this week's episode, WilmerHale's Gary Born discusses how wrote his fiction thriller, "The File," while maintaining a busy international arbitration practice.
New York Law Journal | Expert Opinion
By Myrna Barakat Friedman | April 18, 2023
A discussion of the appeal of arbitration for technology related matter and the potential challenges it presents for arbitrators, and a look at the legal and regulatory landscape arbitrators will navigate when faced with cases involving new technologies.
By John M. Delehanty | April 17, 2023
Confidentiality is the bedrock of mediation. Parties must be able to feel confident that what they say in mediation will not be disclosed outside of the proceeding. That said, many parties and their counsel use statements made during mediation to gain advantage in litigation. This article discusses the several reasons for this and why the issues must be addressed by mediation institutions, the courts and the mediation bar.
By ALM Staff | April 14, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Analysis
By Jessica L. Falk and Elena De Santis | April 13, 2023
Mediation can be a useful tool to attempt to resolve high-stakes matters without incurring hefty legal fees, and without the publicity and attention that can come from litigating in open court.
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