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April 18, 2019 | New Jersey Law Journal

On The Move

Moves and promotions at New Jersey law firms and offices.
5 minute read
April 12, 2019 | New Jersey Law Journal

Changeover in Trenton Drives Steady Revenue for NJ Lawyer-Lobbyists in 2018

“With any new administration, there is a desire to get as much done as possible early on," David Pascrell said.
12 minute read
April 05, 2019 | New York Law Journal

An Arbitration Agreement as a Contract to Constrain the Power of Federal Courts: The Impact of 'Henry Schein'

In its recent decision in 'Henry Schein v. Archer & White Sales', the Supreme Court concluded that Congress stripped federal courts of authority to adjudicate any aspect of the gateway issue of arbitrability between parties who have an existing arbitration agreement which delegates that issue to the arbitrator(s). Does this decision portend further deference to empower arbitrators, and not courts, to decide other gateway issues, and what does this possibility mean for parties negotiating arbitration agreements or considering litigation notwithstanding such an agreement?
8 minute read
April 01, 2019 | New York Law Journal

Recent Decisions Affecting Discovery

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier discuss several appellate decisions from the past year addressing the scope of discovery that may have significance for all litigants in personal injury and medical malpractice actions. While these decisions address a broad range of issues, there is an overriding theme involving the impact of advances in technology on discovery.
14 minute read
March 26, 2019 | New York Law Journal

Who, as Between Courts and Arbitrators, Should Decide Objections to Arbitrability?

In his International Arbitration column, John Fellas discusses the decision in 'Schein v. Archer and White', in which the U.S. Supreme Court addressed a narrow aspect of a perennial question that arises in arbitration: Who, as between courts and arbitrators, should resolve objections to arbitrability made at the outset of an arbitration proceeding?
11 minute read
March 25, 2019 | New Jersey Law Journal

Law Journal Announces 2019 Professional Excellence Honorees

The honorees will be recognized, and the Attorney of the Year winner announced, at the Law Journal's upcoming Professional Excellence event.
4 minute read
March 20, 2019 | New York Law Journal

Competence-Competence: A Comparative Analysis

The competence-competence principle—that is, whether arbitrators are competent to decide if a dispute is arbitrable—is an important gateway issue in arbitration. This article looks at how that issue has developed under US law and compares it to how it is handled in foreign courts.
10 minute read
March 15, 2019 | New York Law Journal

Recent Rulings Reaffirm Courts' High Degree of Deference to Arbitration Process

The Supreme Court's decision in 'Henry Schein', and the First Department's decisions in 'Daesang' and 'Spell', reaffirm that those courts will strictly enforce arbitration agreements on the front-end of the arbitration process, and afford a high degree of deference to the arbitrator's award at the back-end of the process.
8 minute read
March 14, 2019 | Daily Report Online

Appeals Panel Upholds Dismissal of Taylor English Legal-Mal Suit

The complaint accused Taylor English Duma and partner Michael Trotter of legal malpractice for drafting an operating agreement that allowed an investment company to unilaterally shut down a company set up to make and market a medical CPAP device invented by the plaintiff.
5 minute read
March 07, 2019 | The Legal Intelligencer

How to Develop Facts in Arbitration, Without Court Authorized 'Discovery'       

Litigating a commercial case is fundamentally different from arbitrating one. Lawyers who represent parties in commercial arbitrations need to understand the significant differences between court processes and those used in arbitration.
8 minute read

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