New York Law Journal | Expert Opinion
By William B. Stock | August 17, 2018
Busy appellate courts have adopted rules that allow them to dispense with oral argument if they see no need for it, and many appellate judges have said that argument only “occasionally” changes their mind. But what if your appeal is one of those “occasional” ones? This article offers up some suggestions for making your best oral argument after you have locked your finest written efforts into print.
By Angela Turturro | August 6, 2018
In this Special Report: "Good Faith Negotiations at Mediation," "Fending Off Cyberattacks in International Arbitration," "Blurred Lines: Rethinking the Issue of Consent by Non-Signatories," "Corruption as a Defense in Investment Treaty Arbitration" and "Efficiency or Fairness? ADR May Be the 21st Century Equivalent to the Rise of Equity."
New York Law Journal | Analysis
By Robert J. Rock | August 3, 2018
The move away from the courts is based on efficiency rather than fairness. The lack of efficiency combined with the high cost of going to court, contribute, in in large measure, to the nation's “disappearing” jury trials.
By Alexander A. Yanos, Carlos Ramos-Mrosovsky, and Rajat Rana | August 3, 2018
The “corruption defense,” as currently developed in international investment law, presents a number of difficulties that international investors and practitioners should keep in mind when considering their rights under international investment treaties and similar instruments.
By Linda Gerstel | August 3, 2018
In recent years, U.S. courts have increasingly tended not only to enforce mandatory arbitration agreements, but also to compel arbitration even in instances where one of the parties did not sign an agreement to arbitrate. The title of Robin Thicke's 2013 megahit —“Blurred Lines”—provides an accurate description of what constitutes “consent” by a non-signatory in arbitration.
New York Law Journal | Best Practices
By John P. DiBlasi | August 3, 2018
Many good faith negotiations can be sabotaged by parties using a variety of bad faith negotiation tactics, many of which are repeated all too often and can ultimately prevent a settlement. What are those tactics and what can be done to ameliorate the situation?
By Hagit M. Elul and Pavlos Petrovas | August 3, 2018
In an increasingly digital landscape, data security threats have become ubiquitous. Cyberattacks are becoming weapons of global economic warfare with cybercriminals increasingly targeting law firms in an attempt to access clients' secrets and other sensitive non-public information. International arbitration is not immune.
New York Law Journal | Expert Opinion
By Angela Turturro | July 30, 2018
In this Special Report: "Surrogacy in New York: Boon or Bane?," "Divorce Without Destruction," "Beyond Broken Bones: Recognizing Psychological Harm to Children When Applying 'Grave Risk of Harm' Standard," "Prenup Tutorial: A Survey of Recent Case Law" and "When Matrimonial Attorneys Become Divorce Mediators."
By Chaim Steinberger | July 27, 2018
A look at some techniques to use to get better results for yourself and your clients by being more strategic.
By Jordan Trager | July 27, 2018
Many matrimonial attorneys will take on divorce mediation cases and agree to act in the capacity of divorce mediator. Sometimes, the attorneys are trained and experienced in divorce mediation, whereas other times they are not. The results will vary based on the mediator's understanding of how divorce mediation should be conducted.
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