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New Jersey Law Journal

Everybody's Talking About Design-Assist, the New Kid in Town

“Design-assist” is a term and a concept that has been gaining popularity in the construction industry in recent years, but what does it actually mean, and what are the rights and obligations of parties entering into these agreements?
8 minute read

Litigation Daily

Daily Dicta: What Happened When Juror No. 10 Went Rogue

Jurors are supposed to be like old-fashioned children: Seen but not heard. That is, sit quietly, pay attention—and for heaven's sake, don't email a lawyer during trial.
6 minute read

New York Law Journal

Realty Law Digest

In his Realty Law Digest, Scott E. Mollen discusses “Douglas Elliman v. Firefly Entm't,” where a brokerage's email with firms representing a celebrity was deemed an 'agreement to agree'; and 116 Waverly Place LLC v. Spruce 116 Waverly LLC, where the court granted summary judgment to building sellers.
13 minute read

New York Law Journal

An Illustrative Software License Dispute Concerning Both the Payment Amount and Term

In their Technology Law column, Richard Raysman and Peter Brown discuss 'Silver Mgmt. Grp. v. AdvisorEngine', in which the Delaware Chancery Court dealt with a software license dispute that concerned both the payment and term provisions. The court found for the licensor on the term issue and the licensee on the fee issue.
6 minute read

New York Law Journal

United Airlines Defeats Online Booker Expedia's Injunction Motion in Contract Row

U.S. District Judge P. Kevin Castel said that despite the online travel booking company's ability to show a probability of success, it failed to show it faced irreparable harm absent the injunction.
4 minute read

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

New York Law Journal

Condo and Co-Op Conversion: Not Out of Time, Not Out of Luck

An unsettled aspect of the condominium and cooperative conversion protection and abuse act may offer new hope.
9 minute read

Daily Report Online

Settlement Ends Insurer's Contract Dispute After $5.5M Arbitration Award

Attorney Richard Robbins said his client, Noble Systems, agreed to a "slightly discounted" settlement after he moved to enforce a $5.5 million arbitration award against Infinity Insurance and its parent, Kemper Corp.
3 minute read

The Recorder

Finding a Third Path in Bridging the Employee/Contractor Divide

Less than one year after the California Supreme Court's decision in 'Dynamex Operations West v. Superior Court' upended long-settled questions on independent contractor and employee classifications, stakeholders on both sides of the debate are gearing up for a legislative fight to define the decision's reach.
6 minute read

Litigation Daily

Litigator of the Week: Boies Schiller's Dunn Scores in Clash of Tech Titans

Boies Schiller Flexner partner Karen Dunn led a team in scoring a win worth billions to Apple—a key battle in a larger fight against Qualcomm.
6 minute read

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