New York Law Journal | Expert Opinion
By Peter B. Skelos | August 7, 2020
Historically, ADR in the contested estate arena has been woefully under-utilized. This article looks at the benefits of submitting trust and estate disputes to mediation, and shows how videoconference mediations and arbitrations have become a viable alternative to court-adjudications.
New York Law Journal | Expert Opinion
By Steve Baldini and Hamish Lal | August 7, 2020
A discussion of the rise in the use of statutory adjudication in various jurisdictions in the context of complex construction disputes, and a look at whether the United States is now ready to also embrace this ADR option.
New York Law Journal | Expert Opinion
By Gary M. Fellner | August 7, 2020
During the coronavirus pandemic, the question arises: Should litigants and lawyers attend trial proceedings through the technology platforms that exist or should we all strive to attend court in person?
New York Law Journal | Expert Opinion
By Richard S. Taffet and Jonathan Justl | August 7, 2020
Is an indirect purchaser antitrust class properly certified under Federal Rule of Civil Procedure 23(b)(3) where it includes at least 55,000 concededly uninjured members, corresponding to 5.7% of the entire class? The Eastern District of New York recently answered yes.
New York Law Journal | Expert Opinion
By Eric Wrubel | August 6, 2020
Prior to March 18, 2020, fathers typically would demand 50/50 access time with their child following a divorce. Amid the pandemic, the custodial landscape has experienced a tectonic shift. Both litigants, lawyers and judges have had seismic experiences which will likely shift their approach to custodial issues in New York courts.
New York Law Journal | Expert Opinion
By Louis Pechman and Galen Baynes | August 6, 2020
Today marks the five-year anniversary of Second Circuit's decision in Cheeks v. Freeport Pancake House. In the years since Cheeks was decided, the contours of what is permissible and impermissible in the settlement of FLSA claims have been developed by the district courts as they undertake "Cheeks" review of FLSA settlement agreements.
New York Law Journal | Expert Opinion
By Anthony Michael Sabino | August 5, 2020
"The denouement of Liu is its confirmation that disgorgement is a component of the equitable relief available to the SEC in enforcement cases, strictly constrained in its application, and undeniably subordinate to venerable axioms of equity jurisprudence."
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 4, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Agudas Chasidei Chabad of the U.S. v. Congregation Lubavitch Inc.,"
New York Law Journal | Expert Opinion
By Anthony Dreyer and Andrew Patrick | August 4, 2020
The New York Appellate Division and the Illinois Supreme Court recently issued conflicting opinions on whether daily fantasy sports are considered gambling. This article examines these two decisions and their impact on the legal landscape of paid contests involving chance and skill.
New York Law Journal | Expert Opinion
By George B. Daniels and Joel R. Brandes | August 4, 2020
The domestic relations exception was initially an exception to the exercise of diversity jurisdiction on the subject of divorce or alimony.
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