Sophisticated litigators have come to rely on court-ordered stipulations that allow them to claw back otherwise privileged materials that were inadvertently produced. There are cogent reasons why counsel in arbitrations should enter similar stipulations that create the presumption that privileged materials were produced inadvertently. While highlighting the benefits of such a stipulation, this article also … Continued

Elayne E. Greenberg is Faculty Director of the Carey Center for Dispute Resolution and Professor of Legal Practice at St. John’s Law School. She can be reached at greenbee@ stjohns.edu. The Context On September 13, 2023, non-profit organizations and consumer law professors submitted a petition urging the Consumer Financial Protection Bureau (CFB) to allow consumers … Continued

Fairness requires that parties both understand and be understood in proceedings that affect them. This is a fundamental principle of natural justice.1 In Canada, the Canadian Charter of Rights and Freedoms provides for the right to use an interpreter where a party or witness “is deaf” or does not understand or speak the language of … Continued