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January 14, 2025 | New York Law Journal

A Guaranty’s Survival of Its Guarantor Requires Careful Drafting

Since guaranties are important parts of most transactions, careful attention should be paid to selecting your guarantor, drafting the applicable loan document provisions and monitoring the status of your guarantor so that timely action can be taken if needed to make a claim against an estate.
6 minute read
January 14, 2025 | New York Law Journal

Time for Change: Addressing Underrepresentation of Asian American Judges in the New York State Judiciary

State court have made gains in increasing representation of Asian Americans on the bench—but there's more work to be done, writes Randall Eng, a former presiding justice for the Appellate Division, Second Department.
7 minute read
January 14, 2025 | Texas Lawyer

Houston Trial Lawyer Mary-Olga Lovett Leaves King & Spalding to Open Boutique

Mary-Olga "Mo" Lovett, a trial lawyer who formerly practiced at King & Spalding and Greenberg Traurig, formed her own firm where she can avoid conflicts and Big Law billing rates, and have more control over her docket.
3 minute read
January 14, 2025 | New York Law Journal

Change on the Horizon?: 2025 Begins With Numerous Patent Bills Pending

The authors write "The U.S. patent legal landscape in 2025 is poised for change. The incoming presidential administration is coupled with interim changes in leadership at the USPTO after Kathi Vidal’s departure, and several newly vacant, fillable commissioner seat openings at the ITC. Technology such as artificial intelligence—and changing attitudes towards those technologies—are evolving at an accelerating pace."
8 minute read
January 14, 2025 | New York Law Journal

New York’s Climate Change Superfund Law

On Dec. 26, 2024, Governor Kathy Hochul signed New York’s Climate Change Superfund Act into law. If it survives the many legal challenges it is expected to face, the act has the potential to affect a large segment of the fossil fuel industry by making companies strictly liable for billions of dollars of costs New York anticipates spending on climate adaptation measures. How is the act designed to work, and what can we expect next?
5 minute read
January 14, 2025 | The Legal Intelligencer

Special Section: 2025 Alternative Dispute Resolution

In The Legal's Alternative Dispute Resolution special section, read about browsewrap arbitration agreements, tips to break a mediation deadlock and some mistakes parties make at mediation.
2 minute read
January 14, 2025 | Litigation Daily

While Antitrust Enforcement Might Have Been Hot in 2024, Cartel Fines Were Not

Simpson Thacher & Bartlett released a year-over-year analysis of cartel fines in select jurisdictions across the globe as part of their 2025 Global Cartel Forecast released yesterday.
9 minute read
January 14, 2025 | The Legal Intelligencer

Pa. Supreme Court to Decide Enforceability of 'Browsewrap' Arbitration Agreements

The Pennsylvania Supreme Court is set to take up the enforceability of Uber’s “browsewrap” arbitration agreements. With browsewrap agreements, the actual text of an arbitration clause is not initially displayed and requires the user to take further action by clicking a link to view the actual terms. Given the format of these agreements, according to Uber, a user’s continued use of the website manifests the user’s consent to all terms and conditions even if the user hasn’t actually viewed the terms.
8 minute read
January 14, 2025 | The Legal Intelligencer

From a Mediator’s Perspective: Common Mis-steps That Parties Make at Mediation

Parties don’t simply say what their bottom lines are at the outset, rather the mediator’s job is to gradually convince the parties to make themselves vulnerable by exposing (and possibly moving) their bottom lines.
6 minute read
January 14, 2025 | The Legal Intelligencer

10 Tips to Break the Mediation Deadlock

Two parties reaching an impasse is not at all uncommon in mediation and can occur at any point in the process. Even when the situation seems hopeless, there are many strategies available to end an impasse. The key is to identify the source of the deadlock and apply the right strategy.
7 minute read

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