By J.P. Duffy and Philip Danziger | November 22, 2019
This article examines the instances in which §1782 can be used in support of both international arbitrations and foreign award enforcement proceedings, as well as its extraterritorial reach.
By Richard P. Byrne and Peter B. Skelos | November 22, 2019
The key to an effective early mediation is a commitment to the process. Absent that up-front recognition, an early mediation serves as nothing more than a weigh station on the litigation turnpike—easily passed with the employment of phrases such as "it's too early," "we don't have enough information" and the like.
By Ira B. Warshawsky | November 22, 2019
It would behoove the parties that enter into contracts that include an arbitration clause to provide an alternative to their favored ADR entity.
By Gary Birnberg | November 22, 2019
This article will provide a primer for New York practitioners on the Singapore Convention, including: takeaways from the global think tank discussion; observations regarding the initial and future signatories of and what lessons can be learned from the New York Convention; how New York transactional attorneys and litigators can prepare for the impact of the Convention; and the Convention's impact on New York mediations.
By Jennifer B. Zourigui | November 22, 2019
If you have decided the time is right to mediate, then the incentives are there too. Below are five tips to aid in the effectiveness of the mediation process.
By Angela Turturro | November 12, 2019
In this Special Report: "How AI Can Help You Be a Better Litigator," "Coverage Issues To Consider in Wake of Child Victims Act," "Master Media Relations To Be on Top of Your Game as a Litigator," "A Primer on Account Stated," "The PSLRA's Discovery Stay During the Pendency of a Motion To Dismiss Applies in State Court Actions Asserting 1933 Act Claims" and "How a Case Reversed a 100+ Year Precedent and Cleared the Way for Cost-Effective Shore Protections."
By Susan L. Shin | November 8, 2019
Litigators should be aware of some of the powerful AI and machine learning tools, which can quickly access and analyze large amounts of data and help us make better informed strategic decisions and improve the quality of our advocacy.
By Dave Poston, Megan Paquin and Jeff Rossen | November 8, 2019
Here are a few of the takeaways from our experience representing litigators and helping lawyers with their media efforts for the benefit of their clients.
By Adrienne B. Koch | November 8, 2019
A party that receives an invoice and holds it without dispute does so at its peril: Absent an objection within a reasonable time, the recipient can become liable for the entire amount of the invoice based on an account stated. There are, however, limits to this principle that are often overlooked, to the confusion of both litigators and their clients. This article explores those limits.
By Bill Lalor | November 8, 2019
The New York State Child Victims Act dramatically expanded the universe of claimants for which liability insurers—in particular historical commercial general liability and insurers issuing claims-made E&O policies—will be asked to pay defense and indemnity costs.
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