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New York Law Journal

Dispositive Motions in Arbitration: Contrary to the Rationale for ADR?

Lawyers who are used to litigating their cases in federal court—and are comfortable with attempting to dispose of the great majority of them through summary judgment or, to a lesser extent, motions to dismiss—have sought to use dispositive motions as a primary tool in arbitrations.
9 minute read

International Edition

Clifford Chance Paris Trio Form New Firm

Jean-Pierre Grandjean, former head of the Paris practice and a disputes resolution lawyer for 34 years has formed Grandjean Avocats.
2 minute read

International Edition

Freshfields and A&O Claim Win in Eight-Year Loan Case for Deutsche Bank

Freshfields has also lost out to Quinn Emmanuel in high-stakes Mastercard dispute, but secured a win for Deutsche Bank
3 minute read

New York Law Journal

When Misrepresentations During Settlement Conferences Become Sanctionable

In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the court's recent decision in 'Otto v. Hearst Communications', which tackles whether all material representations made during a settlement conference must be truthful and whether a lawyer can be sanctioned for misrepresenting a material fact during a settlement conference.
10 minute read

The Legal Intelligencer

Are Pre-Engagement Lawyer-Client Arbitration Agreements Enforceable?

The boom finally dropped. A former client brought a legal malpractice claim against Bob. This did not surprise his friends and colleagues—and readers of his miscues—who all knew Bob has been giving lousy advice for years.
7 minute read

International Edition

Freshfields Faces SRA Questions on UBS Rape Case Review

The former UBS trainee who alleged she was raped while at the bank has hit out at the firm's handling of the review.
2 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 Jersey Law Journal

Applying NJ's Offer of Judgment Rule in Multi-Defendant Cases

While the plain language is rather straightforward, in practice, lawyers and judges have wrestled with the application of the rule in cases involving multiple defendants.
9 minute read

International Edition

Freshfields Promotes Eight City Lawyers To Partner In Expanded Round

Last year, the firm made up just 12 lawyers across its global offices.
2 minute read

International Edition

Freshfields Sued For €95M Over German Bank Tax Advice

The claim relates to advice given to Maple Bank's collapsed German arm over so called 'cum-ex' transactions.
1 minute read

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