National Law Journal
While the most successful way to impress your arbitrator is with the merits of your case, there are smaller, but important, ways to create a favorable impression of yourself and your client’s case. Below is one arbitrator’s guide to creating an arbitral environment favorable to you and your client. These tips are presented with the important caveat that they represent only one person’s list, based on 30 years of judging and arbitration.
Recent pronouncements from the Justice Department have made clear that the department is stepping up its efforts to identify and prosecute individuals responsible for the corporate crimes that underlie massive settlements.
Practitioners should examine the full circumstances surrounding any later discovered transfer as it may relate back to a timely filed complaint. As case law concerning the interplay of section 503(b)(9) administrative claims and the new value defense to preferences continues to evolve, practitioners should be cognizant of the developments and their impact on matters pending in various districts.