GETTING THE LANGUAGE OF ADR RIGHT IN EMPLOYMENT ARBITRATION PROVISIONS

April, 2014, By: Richard Brodsky, Esq.

Employers who use The Alternative Dispute Resolution process need to review and change their arbitration provisions regularly. Changes in statutes and case law provide a continuing challenge, as a recent ruling indicates. A decision by the Fifth Circuit Court of Appeals dealt with the valid...

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ADDRESSING LEGAL ISSUES WITH THE MEDIATOR AND TIMING IN SEEKING AN EVALUATION

April, 2014, By: Hon. John P. DiBlasi J.S.C. (Ret.)

Many cases that come to mediation involve novel questions of law. Invariably, there will be a dispute as to the proper law applicable to the case and the interpretation of appellate decisions that impact upon same. It is common for parties in the context of their pre-mediation brief to cite case law...

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SEEKING AN EVALUATION FROM THE MEDIATOR AND THE PRE-MEDIATION BRIEF

April, 2014, By: Hon. John P. DiBlasi, J.S.C. (Ret.)

In the majority of cases, the parties to mediation ask the neutral for an evaluation of their case. This will encompass an analysis, inter alia, of the factual allegations, defenses, and issues of law, motion practice/decisions, venue/jury pool, and an evaluation with respect to jury verdict potenti...

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SPONSOR VOTING RIGHTS AFTER RELINQUISHMENT OF CONTROL

April, 2014, By Robert Cantor, Esq.

For many years, the courts have discussed the issues which arise when a sponsor/holder of unsold shares (hereafter, "sponsor") in a cooperative apartment corporation seeks to vote its shares at elections for the board of directors after the statutory period of permitted sponsor control has expired...

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THE RULES HAVE CHANGED: SHOULD YOU BE CONCERNED?

April, 2014, By: Hon. Ira B. Warshawsky, J.S.C. (Ret.)

In September, 2013 changes were made to the Rules of the Commercial Division of the Supreme Court (Section 202.70). These changes most importantly were to Rule 8 - Meet and Confer and Rule 13 - Expanded Expert Witness Discovery. Rule 8(b) specifically targets Electronically Stored Information (...

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