New York Law Journal | Analysis
By William O'Brien, Katia Finkel, Levon Golendukhin and Romy Descours-Karmitz | March 15, 2024
Enforcement of arbitral awards against sovereigns is in the spotlight. Whether dealing with investment treaty or commercial arbitration awards, the key question for award-creditors against state or state-owned enterprise (SOE) respondents around the world is: will we be able to enforce the decision?
New York Law Journal | Analysis
By Leslie A. Berkoff | March 15, 2024
This article touches on several Supreme Court decisions related to the Federal Arbitration Act and the potential impact they have on the trajectory of a litigation and/or strategy of litigators.
New York Law Journal | Analysis
By Noel L. Hillman | March 15, 2024
Whether one chooses a private mediator from outside the court system or takes advantage of programs like those available in SDNY and EDNY, every litigator has an obligation to their client to at least consider mediation at each major decision point in litigation.
New York Law Journal | Analysis
By David W. Ichel | March 15, 2024
A valuable preparation option for any high-stakes arbitration is the mock arbitration. When done well, the reason it works is that counsel (and client) receives neutral mock arbitrator feedback on every issue that counsel seeks to test.
Corporate Counsel | Analysis|News
By Hugo Guzman | March 14, 2024
"The pendulum is swinging toward employee protection in this space. The time is now to begin adjusting and think of other ways to evaluate employees beyond their social media presence," said Lindsay Stone, a Sheppard Mullin partner.
New York Law Journal | Analysis
By Thomas Kjellberg and Robert W. Clarida | March 14, 2024
In 'Philpot v. Independent Journal Review', the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.
New York Law Journal | Analysis
By Edward E. Neiger, Marianna Udem and Joo Hee Park | March 14, 2024
This issue of the Bankruptcy Update column focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.
New York Law Journal | Analysis
By Philip M. Berkowitz | March 13, 2024
The New York Department of Financial Services imposed a $30 million penalty on the New York branch of a foreign bank. The fine had nothing to do with employment discrimination or wage-and-hour issues—but it was the outcome of an internal transfer of a single New York-based employee to an overseas affiliate, and is a lesson in how financial services clients are at risk of penalties going far beyond those that are normally imposed by employment law regulators.
New York Law Journal | Analysis
By Michael B. Gerrard | March 13, 2024
Faced with a severe housing shortage, NYC is exempting the construction of much new housing from the environmental review processes and taking many other steps to encourage such construction throughout the city. Several of these moves will also help the transition away from fossil fuels to renewable energy.
New York Law Journal | Analysis
By Catherine Nyarady and Crystal Parker | March 12, 2024
An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming decision in 'LKQ v. GM Global Technology Operations' will be the first en banc decision the Federal Circuit has issued in a design patent case since 2008.
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