Searching Content indexed under Litigation, Mediation & Arbitration by Moritt, Hock & Hamroff LLP ordered by Published Date Descending.
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A Federal Judge Has Rejected A New York Law Prohibiting Mandatory Pre-Dispute Arbitration Of Sexual Harassment Claims
In a decision from the United States District Court for the Southern District of New York, U.S. District Judge Denise Cote has held
United States
5 Sep 2019
Trustee Litigation Trend: Tuition Clawback
"An investment in knowledge always pays the best interest." Benjamin Franklin, The Way to Wealth: Ben Franklin on Money and Success (1758).
United States
15 Aug 2019
Cross-Border Arbitration: A Beneficial Alternative To Resolving International Commercial Disputes
Like domestic arbitration, international arbitration is a private form of binding dispute resolution before a neutral decision maker or tribunal predicated on party agreement
United States
17 Jul 2019
Mediating Valuation Disputes
The bankruptcy courts have been continuously at the forefront of the many courts embracing mediation as a tool to resolve disputes.
United States
16 Jul 2019
Clarifying An Otherwise Final Award: An Exception To The Functus Officio Doctrine
Functus Officio is a Latin term meaning that once the purpose of the task at hand is completed, there is no further force or authority to undertake any further measures. When applied to arbitrations
United States
24 Jun 2019
California Sets New Economic Nexus Threshold
On April 25, 2019, acting on the authority of South Dakota v. Wayfair, 585 U.S. ___ (2018), California Governor Gavin Newsom signed into law Assembly Bill (AB) No. 147.
United States
22 May 2019
Supreme Court Decides Two Copyright Cases---Limits Fee Awards & Clarifies That A Copyright Registration Is A Prerequisite To Sue For Infringement
On March 4, 2019 the United States Supreme Court issued two unanimous decisions settling differences in how the circuit courts interpret two provisions of the Copyright Act (the "Act").
United States
21 Mar 2019
Supreme Court Decides On Applicability Of Section 1 Of The Federal Arbitration Act
A recent unanimous Supreme Court decision adds uncertainty to the application and enforceability of arbitration agreements in the transportation industry.
United States
15 Mar 2019
Damages For Delay-An Update
One of the most significant developments in construction law of late concerns an issue I have been actively involved in for some time.
United States
12 Feb 2019
Lenders Beware: Acceleration May Defeat Right To Prepayment Premium
Moritt Hock & Hamroff counsel Theresa Driscoll takes a look at the recent Second Circuit Momentive decision and uses it to examine the importance of clarity in drafting loan documents and understanding what loan documents say, ...
United States
22 Jan 2019
Arbitration Continues To Be A Hot Topic Before The Supreme Court (Update)
Interpretation of the Federal Arbitration Act (FAA) has been a frequent issue considered by the U.S. Supreme Court this year. On October 29, 2018, the Supreme Court heard oral argument ...
United States
17 Jan 2019
Is Arbitration In Bankruptcy Cases A Viable ADR Option?
Bankruptcy practitioners are generally familiar with the significant growth that has been happening in the use of mediation as a means of resolving disputes within bankruptcy cases.
United States
16 Jan 2019
Arbitration Continues To Be A Hot Topic Before The Supreme Court
Interpretation of the Federal Arbitration Act (FAA) has been the topic of both recent and pending cases on the Supreme Court's docket.
United States
24 Oct 2018
Supreme Court Hears Argument On Applicability Of Section 1 Of The Federal Arbitration Act
On October 3, 2018, the United States Supreme Court held oral argument for New Prime Inc. v. Oliveira, No. 17-340, a case concerning Section 1 of the Federal Arbitration Act ("FAA").
United States
22 Oct 2018
Effective Advocacy In Mediation
Mediation is a collaborative process that allows parties to resolve a pending dispute in a manner that is far more flexible than that which can be achieved under a court decision.
United States
15 Oct 2018
Recent Decisions Pertaining To Chapter 15
Recently, the judges of the Bankruptcy Court of the Southern District of New York issued three decisions addressing Chapter 15 the United States' adoption of the Model Law on Cross Border Insolvency (Model Law).
United States
11 Oct 2018
Litigation Remains Powerful For Property Owners To Secure Requested Access
Construction on real property can be complicated and expensive, but nowhere is this more accurate than in New York City.
United States
13 Sep 2018
Navigating Federal And State Law In A NY Arbitration
New York is often thought of as a center for commercial arbitration, whether for straightforward contract disputes ...
United States
13 Aug 2018
Arbitration And Class/Collective Action Waivers Held Enforceable And New York City Paid Safe Leave Obligations
A recent United States Supreme Court decision regarding individualized arbitration agreements and class/collective action waivers provides opportunities for all U.S. employers, and new paid time off...
United States
5 Jun 2018
Attorney-Client Privilege And The US Discovery Process
Why should lawyers who practice law outside the US be interested in or need to know about 'attorney client privilege' rules in the US? Because of how the privilege is applied and can impact litigation proceedings there.
United States
8 Dec 2017
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