By Ross M. Kramer and Seth C. Farber | December 7, 2018
The public and the media—and apparently the President—have a basic misimpression about the history and purpose of the Fifth Amendment's protection against self-incrimination.
By Paul H. Schoeman and Maxim M.L. Nowak | December 7, 2018
The message that the SEC is sending through the Musk settlement comes through loud and clear. Statements made via Twitter, or any other social media platform, will be subject to the same scrutiny as other more traditional forms of communication.
By Jason P.W. Halperin and David Siegal | December 7, 2018
This article highlights some of the lurking pitfalls when the relationship between the government and the private law firms on which the government relies becomes a little too close.
By Harry Sandick and Jeff Kinkle | December 7, 2018
As DOJ persists in its international focus in prosecuting white-collar crime and the courts restrict the global reach of various statutes while expanding the scope of constitutional protections for defendants, DOJ and the courts do appear to be on a collision course.
By Kimberly Kalmanson and Randi M. Cohen | November 23, 2018
ADR is an excellent avenue to elect when both parties truly elect it. Arbitrators handling matters as a function of unequal bargaining power ought to be vigilant in policing employers who may not take the matter as seriously as they would had the case proceeded in traditional litigation.
By Claudia Salomon and Abhinaya Swaminathan | November 23, 2018
Three key considerations and strategic guidance for practitioners seeking third-party discovery in New York.
New York Law Journal | Analysis
By Larry S. Schachner | November 23, 2018
Young advocates would be remiss in not familiarizing themselves with the ever-expanding world of ADR.
By Chris M. Kwok | November 23, 2018
Neutrals with diverse backgrounds can help administer justice in today's increasingly diverse society, as they are a reflection of the people they serve. Of course, mere diversity is not enough; the meaningful inclusion of those diverse candidates in the industry is the next chapter of the ADR story.
By Rex S. Heinke, Jessica M. Weisel and Douglass B. Maynard | November 9, 2018
The current term sees the court facing a set of cases which focus on the types of claims that can be litigated in arbitration and the relative powers of arbitrators and judges. In three cases that already have been argued, the court may limit the scope and authority of arbitrators.
By Laura A. Colca and Ryan W. McNagny | November 9, 2018
In a recent decision, the Delaware Court of Chancery reaffirmed the policy of Delaware and many other states, including New York, of enforcing broad contractual waivers of fiduciary duties and demonstrated the importance of carefully negotiating contractual rights and obligations when forming or investing in a limited liability company.
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