New York Law Journal | Analysis
By Angela Turturro | March 26, 2018
In this Special Report: "'Halo' and Willful Infringement Weaponizing Patent Owners," "'Substantial Similarity': A New Approach to Dismissing Implied-in-Fact Contract Claims?," "Arbitrate Without Losing the Inter Partes Review Option," "Applicability of §101 Challenges in ANDA Pharmaceutical Litigation" and "Swarms of Drones: Collecting Data and Delivering Potential Liabilities."
By Angela Turturro | March 19, 2018
In this week's Special Report: "Five Reasons to Include Arbitration Clauses in Business Contracts … and Five Reasons to Reconsider," "Mediating Highly Emotional Workplace Disputes," "'Nondomestic' Arbitrations: An Underrecognized Path to Federal Court Review," "Encouraging Greater Use of Mediation in International Commercial Arbitration" and "Navigating the Mediation Experience: No Compromise—No Resolution."
By Jennifer B. Zourigui | March 16, 2018
There are sometimes advantages to arbitration over litigation but there also can be disadvantages in arbitration. Both warrant discussion and evaluation prior to the selection of a forum.
By Jonathan Greenblatt, Henry Weisburg, Christopher Ryan and Anna Stockamore | March 16, 2018
Mediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but once a large international arbitration is fully underway, it is the experience of the authors, corroborated by empirical research, that mediation has not been widely accepted as a means to reach settlement.
By John P. DiBlasi | March 16, 2018
Making the best use of your mediator's abilities and time at every stage of the proceeding is extremely important in attempting to reach resolution.
By Elizabeth Edmondson and Gretchen Stertz | March 16, 2018
If you wish to litigate confirmation in federal court, it is important to be aware of the category of “nondomestic” arbitrations—which may offer an underutilized path to federal jurisdiction.
By Stephen P. Sonnenberg | March 16, 2018
Deciding whether or how to address varied emotions that stand in the way of resolution often is a key to a successful mediation.
New York Law Journal | Analysis
By Angela Turturro | March 12, 2018
In this Special Report: "Video Privacy Protection Act: How Will N.Y.'s Courts Protect 'Personally Identifiable Information'?," "Juxtaposition in Foreclosure Defense Litigation: Legislative Intent vs. Practical Reality," "Discovery in Cross-Border Disputes: Choosing Between Domestic Litigation and International Arbitration," "In the Heat of Dealmaking, Beware of Waiving Attorney-Client Privilege," "The 'Well-Pleaded Complaint Rule' and Pushing the Bounds Post-'McCulloch'" and "Applying N.Y.'s Borrowing Statute to Asset-Backed Securities Claims After 'Deutsche Bank'."
New York Law Journal | Analysis
By Angela Turturro | March 5, 2018
In this Special Report: "Pen Testing: The Good, the Bad and the Agreement," "The GDPR: A Silver Lining for Data Governance," "Six Common Misconceptions About Cybersecurity," "Regulatory Gap: Cybersecurity at K-12 Schools" and "Examining Coverage for Cyber Risks Under Property and Liability Policies."
By Jed Davis | March 2, 2018
Interest in cybersecurity is escalating across the legal profession, reflecting the complex and potentially catastrophic threats that clients, particularly financial services firms, now face. Because these risks are deep and potentially disastrous, lawyers are increasingly tasked with counseling clients about how to contain them.
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