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Stories and digests covering a variety of angles to ADR, whether on key issues of law or notable parties
By Nicholas J. Pappas | April 5, 2022
In this edition of his Employment Law column, Nicholas J. Pappas reviews the pros and cons of arbitration agreements and programs in light of Congress's recent amendment of the FAA to make mandatory pre-dispute agreements to arbitrate sexual harassment and sexual assault disputes unenforceable.
11 minute read
By Tasha Norman | April 4, 2022
"The best lawyers are able to blend a high degree of technical competency with an equally high degree of emotional intelligence, self-awareness, and communication skills."
6 minute read
By Myrna Barakat | April 1, 2022
In two recent cases arising from a single arbitration, the courts of England and France reached opposite results on what law governs the parties' agreement to arbitrate. These two divergent views led to two significantly different outcomes highlighting the pitfalls of international arbitration: The UK Supreme Court denied enforcement of the arbitration award while the French court upheld it. This article explores the circumstances that led to this awkward outcome and the key takeaways.
7 minute read
By John Fellas | March 25, 2022
In his International Arbitration column, John Fellas discusses non-signatories to arbitration agreements, highlighting the issue that U.S. courts hold that a non-signatory may rely upon an arbitration clause against a signatory, but not the other way around. No U.S. case has fully articulated the rationale for this theory or fully explained why these two situations should be treated differently.
13 minute read
By Dan Roe | March 21, 2022
With flat revenue and RPL up 10.3%, managing partner Gif Thornton's plan to future-proof the New Orleans-founded Am Law 200 firm hinges on emphasizing leading practices and helping income partners reach the equity tier.
4 minute read
By Dan Roe | March 18, 2022
Our weekly Q&A series features Jennifer Olmedo-Rodriguez, head of Buchanan Ingersoll & Rooney's Miami office.
7 minute read
By J.P. Duffy | March 18, 2022
This article examines how international arbitration rationalizes the discovery process and keeps parties focused on the real issues that matter.
8 minute read
By John M. Delehanty | March 18, 2022
If the term sheet contains all of the material terms of the parties' agreement and is expressly made enforceable in the absence of a more formal agreement, it should be sufficient to withstand collateral attack and end litigation over the underlying dispute.
6 minute read
By Jeffery Commission and Christiane Deniger | March 18, 2022
As a global financial and commercial hub, New York meets the venue requirements of a variety of cross-border disputes with its neutral courts, well-developed body of complex commercial law, and deep bench of arbitrators, institutions and lawyers.
9 minute read
By Larry S. Shachner | March 18, 2022
A Special Master can help move cases forward and can reduce the burden on the Judge assigned to the case as well as saving time and money for the litigants.
6 minute read
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