By Paul Ferrillo | December 11, 2020
Threat actors have changed their playbooks to become more effective and it is time we do the same.
By Edmund M. O'Toole | December 11, 2020
Where do things stand concerning force majeure clauses in commercial agreements and the various health-based restrictions that have made performance of many contracts impracticable, if not impossible?
By Angela Turturro | December 7, 2020
In this Special Report: "A Rare FCPA Advisory Opinion From the DOJ: Cause and Effect," "Internal Investigations in a Virtual World" and "DOJ's Arguments in Trump Litigation Should Benefit Other Defendants."
By Matthew Boxer, William B. Waldie and Paul Giannoglou | December 4, 2020
While the Opinion may have been helpful to the requesting company, its usefulness to other companies is severely limited for a variety of reasons. More generally, using the FCPA advisory opinion procedure remains impractical and potentially even unwise in many circumstances.
By Harry Sandick and Jacob Tuttle Newman | December 4, 2020
Equal justice under law is the highest value of our legal system, and no one should receive preferential treatment because they are friends with the president.
By Peter W. Baldwin, Daniel E. Pulliam, Elizabeth B. Boggia and Sophie H. Gotlieb | December 4, 2020
Internal investigations will need to proceed, albeit under different circumstances. In order to ensure that remote internal investigations are probative and effective, companies and their outside counsel should employ a few simple and practical practices.
New York Law Journal | Analysis
By Angela Turturro | November 23, 2020
In this Special Report: "The Increasing Use of Data Analytics in International Arbitration," "Advice to Mediation Counsel: Drop the Litigation Rhetoric and Learn To Compromise," "Med-Arb: Is It the Wave of the Future?" and "Mediation in Adult Guardianship Matters."
By Jeffery Commission and Giulia Previti | November 20, 2020
Although legal analytics are well established in U.S. litigation, it is a relatively new development in international arbitration but is likely to increase on an exponential basis in years to come.
By John M. Delehanty | November 20, 2020
While many attorneys have successfully utilized mediation or some sort of ADR program, it stands to reason that many others still have not. This article provides advice to mediation counsel on how to prepare an effective mediation statement, how to adapt their advocacy from litigation mode to mediation/settlement mode, how to use joint sessions to advance settlement objectives, how to work with clients and the mediator in caucus to arrive at creative settlement options and how to prepare an enforceable term sheet at the conclusion of the mediation.
By Alison Arden Besunder | November 20, 2020
While alternative dispute resolution has been successful in Surrogate's Courts, Article 81 guardianship proceedings present unique challenges relating to an alleged incapacitated person.
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