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August 29, 2023 | New York Law Journal

Anchoring Abuse: Evolution and Eradication

In this article, Tim Capowski and Chris Theobalt discuss how the tactic of improper anchoring has evolved, as well as how the opposition and defense to it must also evolve alongside it.
17 minute read
August 09, 2023 | New York Law Journal

Pre-Verdict Interest in Personal Injury Actions: It's About Time!

Trial attorney Alan Clark shares his opinion that it is "about time that New York amend CPLR section 5001 to allow recovery of pre-verdict interest on awards in personal injury actions." He concludes that "pre-verdict interest would go a long way to encourage settlement of cases well before the parties are told to pick a jury and substantially reduce calendar congestion."
18 minute read
August 05, 2022 | New York Law Journal

The Benefits of Cost Shifting and the English Rule in International Arbitration

This article examines how the English Rule ensures that parties obtain complete relief, and how that rule assists in regulating party and counsel conduct.
7 minute read
May 16, 2022 | New York Law Journal

The Force Majeure Awakens

This article provides a look at the roots of the force majeure doctrine, leading up to the recent Second Circuit decision 'JN Contemporary Art v. Phillips Auctioneers', where the court "remains steadfast to the basic maxim that a force majeure clause is only as efficacious as its exact text."
9 minute read

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