By Ellen Brickman, Ph.D. | December 2, 2022
We are not the same nation that we were in 2016, and the changes will play out everywhere, including in the courtroom.
By Kan M. Nawaday, Nick A. Mongelluzzo and Eva-Maria Ghelardi | December 2, 2022
This article examines the misprision of a felony statute and offers insight into what it means for those who become aware of a crime during the course of business moving forward.
By Apoorva Patel, Christiane Deniger and Joe Durkin | November 18, 2022
The construction industry is likely to remain in flux in the upcoming years, and legal finance will serve as an essential tool for parties in construction disputes.
By Erin Thomas, Monique O'Donoghue and Catherine Karia | November 18, 2022
Using recent developments in case law from across international jurisdictions, this article highlights common drafting pitfalls and offers practical guidance for crafting effective, enforceable arbitration clauses. The key message is to keep your drafting clear, concise and simple.
By Erin E. Gleason Alvarez | November 18, 2022
The adversarial system of litigation is not one that engenders trust among counterparties. So, it makes sense for people to expect the worst of one another when they arrive at the negotiation table. But this can become an issue in mediation when it clouds the decision-making processes of counsel and client alike.
By David Berkey | November 18, 2022
People do not always solve their disputes without the aid of others. In this article, David Berkey discusses the pros and cons of using litigation or an alternative method of dispute resolution (ADR) such as mediation or arbitration to bring closure to a dispute.
By John M. Delehanty | November 18, 2022
A passive approach to mediation in the hard-bitten world of New York litigation will simply lead to organized chaos. In this article, John M. Delehanty outlines the active steps that a mediator should take to assure a successful resolution of a commercial dispute.
By Angela Turturro | November 14, 2022
In this Special Report: "The Business Case for Opting Out of High Value Class Actions," "Welcome Clarity: The Priority of Coverage in Construction-Accident Cases," "What Is a Special Master? The Use of Special Masters in New York Courts," "Bankers Beware: The Judicial Divide Over Customary Investment Banking Fees" and "Modern Real Estate Financing Subject to Ancient 'Clogging' Challenges."
By Victoria Corder and Felice Galant | November 14, 2022
In complex litigation, the use of Special Masters, or referees as they are sometimes called in New York state court, is pervasive and can be strategically utilized to the benefit of the parties and the court alike.
By Curtis Leitner, Peter Gennuso and MarcAnthony Bonanno | November 14, 2022
Over the past few decades, a deep split has developed between New York's state and federal courts over the enforceability of fee provisions incorporating general commercial practice. The First Department has upheld them, but federal judges in the Southern District have invalidated them as unenforceable "agreements to agree."
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