New York Law Journal | Analysis
By Greg Markel and Sarah Fedner | March 20, 2023
One reason for this difference is that securities cases often have very large amounts of money at stake (hundreds of millions or even billions of dollars are commonly claimed).
New York Law Journal | Analysis
By Leonard B. Austin | March 20, 2023
Many cases present unique questions of law, difficult fact patterns, unusual evidentiary problems or procedural challenges. Such situations call for creativity, patience, and, most importantly, cooperation. There is no case that should be viewed as insoluble or unmanageable.
New York Law Journal | Analysis
By Carrie Maylor DiCanio | March 20, 2023
Among the provisions that RWI policyholders should carefully scrutinize and negotiate with a clear sense of their needs and potential pitfalls are the mandatory alternative dispute (ADR) provisions in their policies.
New York Law Journal | Analysis
By Jennifer B. Zourigui | March 20, 2023
Careful consideration should still be given to an arbitration clause to ensure the client's goals in submitting to arbitration are met. Below are areas to consider when drafting an arbitration clause.
The Legal Intelligencer | Commentary
By Charles F. Forer | March 16, 2023
There can be no "lawlessness or chaos" in enforcing an arbitration agreement if the allegedly breached contract contains, in a clear and unmistakable manner, the complete terms of the arbitration agreement whose validity is under attack.
By Victoria Pfefferle-Gillot | March 15, 2023
Elected and Appointed Attorney Louis Hockman has been appointed co-chair of the alternative dispute resolution (ADR) committee of the Montgomery Bar…
By Rex Berry | March 13, 2023
While mandatory arbitration agreements still are subject to the same requirements applicable to other agreements, those agreements now may be enforced under the FAA. At least, that is, until the California legislature's next move, according to Rex Berry of Signature Resolution.
New Jersey Law Journal | Commentary
By Andrew M. Moskowitz and James E. Burden | March 13, 2023
While the act bars only the forced arbitration of sexual harassment and sexual assault claims, it is an important first step in restoring employees' ability to bring discrimination and harassment claims in open court.
New York Law Journal | Analysis
By Alan D. Scheinkman | March 10, 2023
Failure to address unhealthy conflict allows the situation to fester, injuring morale and, more importantly, creating an environment in which conflict may dramatically escalate into major conflagration.
New Jersey Law Journal | Commentary
By Robert B. Hille and John Kaveney | March 10, 2023
Contracting entities, including those in the health care industry, need to approach language differently depending on whether they are dealing with a consumer or employment agreement or an arm's-length commercial contract.
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