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New York Law Journal

Impact of 'Ruan v. United States': Taking Stock of the Legal and Compliance Implications for Criminal Law and Health Care Practice

This article reviews the 'Ruan' decision and how district courts are applying it in practice. Next, the article explores enforcement trends following the decision. This article concludes by suggesting how 'Ruan' might inform prescribing practices and prosecutors' charging decisions.
8 minute read

New York Law Journal

Who Will Be the Crypto Regulator and Why It Matters

A number of federal agencies will ultimately play a role in regulating digital assets but only two are likely to lead the crypto regulatory regime.
10 minute read

New York Law Journal

The White-Collar Defense Juror and the 'Trump Effect': An Empirical Analysis

We are not the same nation that we were in 2016, and the changes will play out everywhere, including in the courtroom.
8 minute read

New York Law Journal

It's the Cover-up, Not the Crime: 'U.S. v. Sullivan', Misprision of a Felony and the Disclosure of Misconduct

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.
8 minute read

New York Law Journal

Construction Disputes Soar, Along With Use of Arbitration Finance

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.
10 minute read

New York Law Journal

Crafting an Effective Arbitration Clause: Lessons Learned From International Cases To Help Avoid Common Pitfalls

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.
8 minute read

New York Law Journal

What Is Bad Faith in Mediation?

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.
6 minute read

New York Law Journal

When To Litigate or Use ADR To Solve a Dispute

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.
9 minute read

New York Law Journal

The Case for the Activist Mediator

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.
6 minute read

New York Law Journal

Litigation

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."
2 minute read

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