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February 08, 2019 | New York Law Journal

Revisiting the American Rule: Fee-Shifting Strategies for NY Litigators

This article examines fee-shifting options in the context of the American Rule in which parties presumptively pay their own fees regardless of the outcome, including the offer of judgment rules under FRCP 68 and CPLR 3220. Many of these opportunities are misunderstood and underutilized.
8 minute read
February 08, 2019 | New York Law Journal

'Deference to Arbitrators Is Not Without Its Limits,' But Those Limits Are Tightly Circumscribed

The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.
7 minute read
February 08, 2019 | New York Law Journal

What Does (and Does Not) Constitute Insurance Broker Liability in New York

There are certain circumstances under New York law in which an insurance agent or broker can be potentially liable for failing to procure coverage on behalf of its insured.
7 minute read
February 08, 2019 | Corporate Counsel

Modular Home Builder Turns to Transportation In-House Vet as New General Counsel

Phoenix-based Cavco Industries Inc. has named Mickey Dragash as general counsel, chief compliance officer and corporate secretary. He most recently served as EVP, GC and corporate secretary at what is now Knight-Swift Transportation Holdings Inc.
2 minute read
February 08, 2019 | New York Law Journal

Is Financed Litigation the Next Frontier for Corporate Legal Departments?

A new generation of value-driven GCs are using legal finance to pursue meritorious matters that generate cash without adding risk.
7 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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February 08, 2019 | Litigation Daily

New Research Suggests Corporate Legal Departments May Embrace Financed Litigation

A new generation of value-driven GCs are using legal finance to pursue meritorious matters that generate cash without adding risk.
7 minute read
February 08, 2019 | Law.com

Skilled in the Art: Will Class Actions Ignite Copyright Battle? + Playing Pinball With $200 Million Trade Secret Verdict

Several musicians allege the music companies are “routinely and systematically” refusing to honor their statutory right to reclaim copyrights in their sound recordings after 35 years.
7 minute read
February 08, 2019 | Connecticut Law Tribune

Appellate Court Judge DiPentima Talks About Role, Early Days as Attorney

Chief Judge of the Connecticut Appellate Court Alexandra DiPentima spoke to the Connecticut Law Tribune Friday about her early aspirations as an attorney and why she enjoys being on the Connecticut Appellate Court.
4 minute read
February 08, 2019 | New York Law Journal

Antitrust Division Increasingly Weighs In as Amicus Curiae

In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz take a look the DOJ's Antitrust Division's continued effort to ramp up its private litigation amicus program after it vowed to be more involved in antitrust enforcement over all.
12 minute read
February 08, 2019 | Litigation Daily

LOTW: And the Runners Up...

A shout-out to the runners up for Litigator of the Week from Sidley Austin; Kaplan Hecker & Fink; Gibson, Dunn & Crutcher and Jenner & Block.
2 minute read

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