Is your unfavorable arbitration award confidential? Probably, but only if you comply with it. Unfortunately, some parties use the Federal Arbitration Act’s (FAA) confirmation process to make an end-run around arbitral confidentiality clauses. The trick works like this – the prevailing party seeks to confirm the confidential award (whether it has been satisfied or not), … Continued
Co-mediation can be a terrific opportunity for parties and mediators alike. It can enhance the effectiveness and efficiency of the mediation process, leading to better outcomes for all parties involved. It can also help mediators learn and refine their skills. However, co-mediation is not appropriate for all cases, and without proper preparation by the mediators, … Continued
Clickwrap Agreement To Arbitrate Enforced An Uber passenger, Wu, brought a personal injury action against the company. Months later, Uber updated its terms of service for all of its users in the United States, which included the requirement that all disputes and claims against it were to be subject to arbitration. The terms of use, … Continued
As artificial intelligence (AI) continues to draw our attention, imagination and concern, this article focuses on the laws and regulations that have been adopted to begin to regulate the use of this technology in the insurance industry. These initiatives identify the current concerns of regulators in connection with AI and insurance. This article offers ADR … Continued
The 2008 vol. 1, no. 1 issue of this journal features a welcome by our first chair, Simeon Baum and a message from our first editor in chief, Edna Sussman. In the spring of 2010 (vol. 3), Laura Kaster became a co-editor. And in the spring of 2014 (vol. 7, no. 1), Sherman Kahn joined … Continued
Legal mentorship has long played a pivotal role in the professional development of junior attorneys. While much has been written about the mentor’s role in this relationship, far less has been written about the role of the mentee and, specifically, the attitudes and behaviors that contribute to a successful mentee experience. This article attempts provide … Continued
While remote depositions offer the promise of reduced costs and time savings, they also pose new perils. Attorneys now face the potential of witness coaching and incivility in a new context, one that is far less visible yet even more threatening to the truth-finding process. As one court put it, “we now operate in an … Continued
The Good Cause Eviction Law (GCEL), enacted under Article 6-A of the New York Real Property Law (§§ 210–231-c), marks a significant shift in New York’s landlord-tenant laws. Effective April 20, 2024, the GCEL introduces broad protections for tenants by restricting evictions and capping rent increases in unregulated rental units within New York City and … Continued
Whether by pleading or contractual provisions, New York practitioners face the risk of surrendering a client’s right to a jury trial with unsettling ease. This article exposes these procedural snares by first introducing the statutory mechanism found in CPLR 4101 that is central to jury waiver by pleading and explores how merely asserting equitable or … Continued
Damages are an essential component of any legal claim, but they are often an afterthought. Counsel for plaintiffs and defendants alike can save themselves time, fees, and heartache by familiarizing themselves with the fundamental principles of damages in commercial cases under New York law. I. Damages in Contract Cases When it comes to money damages … Continued