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New Jersey Law Journal

A Look at No Fault in 2018

A review of this year's cases: two dealing with UM/UIM benefits, one addressing PIP benefits, and three cases relevant to “automobile injuries” (pedestrian crossings, deployment of airbags, and correlation between property damage and personal injuries).
26 minute read

New York Law Journal

Sanctions Stick Even After Settlement

In this Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision, 'Rogue Wave Software v. BTI Systems', writing: It is no longer a given that courts will vacate sanctions orders as part of a settlement. Rather, courts will balance the relevant interests at stake, and the more egregious the conduct leading to a sanctions order, the less likely it is that a court will vacate it.
8 minute read

International Edition

In defence of the NDA

We must not allow high profile cases like Weinstein and Green to create an atmosphere in which the existence of an NDA implies evidence of guilt
6 minute read

New Jersey Law Journal

After Pfizer Ruling, Here Are Keys to Using Electronic Media to Present Binding Arbitration Policies

The "Skuse" appeals court said the manner of presenting the arbitration clause was too "oblique" and failed to provide the requisite assent of employees.
7 minute read

New York Law Journal

Binding Nonsignatories to Arbitration Agreements

In their Commercial Division Update, Thomas J. Hall and Judith A. Archer discuss recent cases which show the Commercial Division recognizes that circumstances may require binding nonsignatories to arbitration agreements. The direct benefit theory of estoppel and agency is the most frequent reason that demands for arbitration are granted against nonsignatories. Individuals and businesses would do well to be mindful of these theories when interacting with business partners and affiliates lest they find themselves in an unexpected arbitration.
9 minute read

Daily Report Online

SCOTUS Loves Arbitration?—It's Not That Simple

Like most conventional narratives (about the court and otherwise), this one contains an element of truth but masks a much more complex, if subtle, pattern in its jurisprudence.
6 minute read

International Edition

Third-Party Financers Are Fueling Investor-State Arbitration Battles

2018 saw more investor-state cases filed than any previous year, an indicator that parties may be getting more outside help to advance their claims.
7 minute read

The Legal Intelligencer

Responding to Arbitration Subpoenas—How to Make Cost an Issue

Bob is not currently representing any clients in arbitration proceedings. In view of his past mistakes, described in my past articles, Bob's “withdrawal” from appearing in arbitration proceedings may be a good thing—at least for his clients.
7 minute read

New Jersey Law Journal

Disability Advocate Agency's Suit Against Ex-Employee Headed to Arbitration

"If the New Jersey Supreme Court has not yet declared a consumer contract to be an absolute prerequisite to the application of the 'Atalese' 'explicit waiver' rule, it has been elevated to the status of a very critical factor," Judge Kevin McNulty said.
4 minute read

New York Law Journal

'Deference to Arbitrators Is Not Without Its Limits,' But Those Limits Are Tightly Circumscribed

The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.
8 minute read

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