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New York Law Journal

The Use and Overuse of Motions in Limine in Patent Litigation

This column explores the use of in limine motions in patent litigation, beginning with commonly seen motions that fit comfortably into the traditional role of raising evidentiary issues before surveying the landscape of those extending beyond what used to be considered as conventional.
8 minute read

New York Law Journal

Environmental Laws and Investment Arbitration

"International arbitrators must be prepared to grapple with complex environmental issues, and to apply legal principles that are constantly evolving…
8 minute read

New York Law Journal

Why Are Securities Class Action Mediations Different?

One reason for this difference is that securities cases often have very large amounts of money at stake (hundreds of millions or even billions of dollars are commonly claimed).
8 minute read

New York Law Journal

Arbitrating Construction Disputes: Building on a Solid Foundation 

Many cases present unique questions of law, difficult fact patterns, unusual evidentiary problems or procedural challenges. Such situations call for creativity, patience, and, most importantly, cooperation. There is no case that should be viewed as insoluble or unmanageable.
8 minute read

New York Law Journal

Policyholders Need Not Fear Alternative Dispute Resolution

Among the provisions that RWI policyholders should carefully scrutinize and negotiate with a clear sense of their needs and potential pitfalls are the mandatory alternative dispute (ADR) provisions in their policies.
9 minute read

New York Law Journal

The Arbitration Agreement: Tips for Drafting an Effective Arbitration Clause

Careful consideration should still be given to an arbitration clause to ensure the client's goals in submitting to arbitration are met. Below are areas to consider when drafting an arbitration clause.
6 minute read

New York Law Journal

Proving Market Realities Is Crucial in Antitrust Merger Litigation

As shown in recent cases, parties successfully have fought off merger challenges in court when they can show that the government's theoretical antitrust case is not supported by market realities. Demonstrating market realities is critical to both the government and the parties in antitrust merger litigation.
9 minute read

New York Law Journal

When Is It Too Late to Change Your Theory of the Case?

Plaintiffs are allowed to serve amended and supplemental bills of particulars throughout the course of discovery and defense attorneys will regularly use the bill of particulars as a tool directing their investigation. However, there comes a point in every case when it is too late to serve an amended bill of particulars.
5 minute read

New York Law Journal

Laws of Unintended Consequences Leave Landlords Caught in Legislative Nets 

The burden of ameliorating New York City's homelessness problem should not be borne by landlords alone. The time has come for the legislature to balance the impact of the housing crisis by providing funding and assistance to landlords, not just tenants.
8 minute read

New York Law Journal

Back to Basics: Fighting a Newly Emboldened Plaintiffs Bar

The plaintiffs bar is shifting away from settlements in the hopes of obtaining a nuclear verdict at trial. This shift is not only costly, but also time-consuming for all parties involved.
8 minute read

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