By David B. Saxe | November 20, 2020
The pressure on the Alternate Dispute Resolution world to handle a dramatic increase in volume offers the opportunity to consider a third or hybrid process of dispute resolution known as Med-Arb, the melding of the two established conflict resolution processes—mediation and arbitration.
New York Law Journal | Analysis
By Angela Turturro | November 9, 2020
In this Special Report: "Litigation in the Time of COVID: Best Practices for Virtual Advocacy," "Back to Work: Preparing for Litigation When Returning from Quarantine," "Your Choice: Model Your Litigation, or Overpay," "The Use of Private Judges: New World, New Wave?" and "Trademarks and the First Amendment: Litigation Trends."
By Anjanette Cabrera | November 6, 2020
As staff begin to return to work amid continued concerns related to COVID-19, it is time to prepare for a wave of employee lawsuits stemming from such things as union efforts, unavoidable close quarters and staffing reductions. This article offers a list of some preventive measures internal teams can take to ensure their company is in the best position to minimize risk and exposure.
New York Law Journal | Expert Opinion
By Joshua Libling | November 6, 2020
Most law firm pitches are heavy on the lawyers' experiences and record, but leave out a really crucial part of the litigation: its resolution. This article will concern using analytics on litigation resolutions to pick the right counsel and to demonstrate a legal department's value as a profit-generating department, not just a cost center.
New York Law Journal | Expert Opinion
By Joshua Simmons | November 6, 2020
The Supreme Court has recognized the conflict between trademark law's important commercial and consumer protection functions, and the First Amendment protections for expressive works. Here, the author considers this conflict against the backdrop of a series of recent cases applying these doctrines.
New York Law Journal | Expert Opinion
By Kevin Schlosser | November 6, 2020
The New York judicial system provides a legal method for parties who have legal disputes to hire a "private judge" to resolve their dispute while affording all the remedies and protections that the formal court system offers. This article explains the legal authority and benefits.
New York Law Journal | Expert Opinion
By Alison Arden Besunder | November 6, 2020
A focus on how the pandemic has affected litigators and litigation practices, which developments may and should be here to stay, and some best practices for navigating the new normal of virtual advocacy, whether in discovery or in trials.
New York Law Journal | Analysis
By Angela Turturro | November 2, 2020
In this Special Report: "Employees May Be 'Out of Sight' While Teleworking, but the ADA Should Not Be 'Out of Mind,'" "Trump v. Biden: The Winner's Impact on Employers," "COVID-19 Calls for Increased Monitoring of Remote Workforce" and "Restrictive Covenants and the Curious Case of National Law Firm Breakups."
New York Law Journal | Expert Opinion
By Mitchell Boyarsky and Jillian Hart | October 30, 2020
Covid-19 has forced many employers to quickly adapt to a remote work arrangement, often without much preparation or consideration of applicable law. Consequently, there is a surge in Covid-19 related litigation. In order to minimize legal risk and to ensure legal compliance, employers are faced with an increased need to monitor remote workers, especially non-exempt employees. This article addresses key issues and best practices for employers to navigate these challenging times.
New York Law Journal | Expert Opinion
By Reid Skibell | October 30, 2020
Post-employment restrictions may prove unenforceable if decided by the wrong court.
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