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Recent Posts:
- THE RELEVANCE OF THE APEX DOCTRINE IN HIGH PROFILE CASES
- ARIZONA FEDERAL DISTRICT COURT ORDERS SECTION 1782 DISCOVERY IN CONNECTION WITH CANADIAN ARBITRATION MANDATED BY CANADIAN LAW
- The Power of Conditional and Alternative Offers and Demands in Mediation
- Executive Liability in U.S. M&A Transactions: Understanding the Legal Standards
- OpenAI Whistleblowers Urge SEC to Investigate Alleged Restrictive NDAs
- Seventh Circuit Expands U.S. Trade Secrets Law with Landmark Ruling
- Preparing for the FTC’s Non-Compete Ban: Essential Compliance Checklist
- Three Crucial Strategies for a Successful Mediation
- Drafting the Arbitration Agreement
- Supreme Court Ruling in SEC v. Jarkesy: A Landmark Decision on Administrative Adjudication
- Picking the Right State For Mediation Pursuant to the Uniform Mediation Act
- Trade Secret Claim Dismissed: Key Takeaways from Vertical Bridge REIT v. Everest Infrastructure Partners
- The Power of Section 1782 in Foreign Discovery Efforts
- How Mediators and Arbitrators Can Utilize Generative AI
- Mediation Confidentiality Rules in the State of New York
- ALJ Ruling Adds Further Scrutiny to Non-Compete Agreements
- Eighth Circuit Demonstrates Exception to FTC’s Ban on Non-Compete Clauses in Employment Contracts
- The Keys to a Successful Employment Mediation
- Reasons Why Some Mediations Fail
- Mediation: Ethical Limits in Negotiation
- Delaware Court Clarifies Limitations and Tolling of Fiduciary Duty Claims During Arbitration
- Ethical Duties of Clients and Counsel in a Mediation: Responsibilities and Violations
- Ethical Duties of Mediators: Responsibilities and Violations
- Delaware Court of Chancery Holds that Confidentiality Requirements in Arbitration Provisions Are Not Enough to Shield Proceedings from Public Access.
- Closing Statement and Termination in Mediation
- Discovery in Mediation
- FINRA Amends Arbitration Codes
- Drafting the Settlement Agreement in Mediation
- Second Circuit Rules that Employee Release Agreement’s Forum Selection Clause Overrides Prior Arbitration Agreement
- How Lawyers Can Help Overcome Impasse and Close the Deal in Mediation
- Using Baseball and High-Low Agreements to Break Impasse and Close the Deal in Mediation
- Breaking Impasse and Closing the Deal: Conditional Offers and Alternative Demands
- Breaking Impasse and Closing the Deal: The Mediator’s Proposal
- Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Partnership Agreement, Endorsing Employee Choice Doctrine
- Preparing for Negotiation in Mediation: Identifying Objective Standards and Generating Options
- Navigating Whistleblower Protection Laws: Employer Considerations on Confidentiality and Severance Clauses
- Preparing for Negotiation in Mediation: Identifying Alternatives (BATNA)
- Preparing for Negotiation in Mediation: Identifying Interests
- Ninth Circuit finds that Thyssen-Bornemisza can keep Pisarro painting sold under Nazi duress
- New York Governor Hochul Opposes Blanket Ban on Non-Compete Agreements
- Garden Leave Provisions in Employment Agreements: An Alternative to Non-Competes
- The Initial Caucus and Subsequent Caucuses in Mediation
- Asset Managers’ Obligations under New York’s New Social Media Law
- Find Out Why Your Health Insurer Denied Your Claim with ProPublica’s New Tool
- “Freelance Isn’t Free Act” Protects NY Freelancers from Nonpayment
- New NY Law Limits Penalties to Employees for Breach of Settlement Agreements
- Mediations Involving Corporate Officers and Directors
- André Castaybert Receives “Preeminent” Martindale-Hubbell Peer Review Rating for 2024
- Useful Guide to Civil Litigation in State and Federal Courts in New York
- New York’s New Workplace Social Media Law
- California Strengthens Noncompete Ban and Employee Mobility with SB 699
- New York Court of Appeals Decision Expands Reach of Negligent Supervision and Retention Claims
- U.S. Court of Appeals for the Second Circuit Ruling Restricts Trade Secret Damages
- Navigating a Litigation Hold
- The Mediator’s Opening Statement at a Joint Session
- The Importance of Depositions in Civil Litigation
- Art Law Disputes in the United States
- New York State Senate and Assembly Passes Bill Prohibiting Non-Compete Clauses
- The Joint Session in Mediation
- Document Preservation in the Digital Age
- Legal Concerns with Generative AI Tools
- Confidential Side Letters to the Mediator
- The Pre-Mediation Statement
- Preparing for Mediation
- The Million Dollar Comma
- Recent Verdicts Show a Possible Trend Toward Large Damage Awards for Plaintiffs in Trade Secrets Cases
- Mediators Are Taking on the Role of Mediation Evaluator
- André Castaybert Awarded Preeminent AV Rating: 2023 Martindale-Hubbell Award
- Virtual, Remote and “Zoom” Mediations
- The Mediation Agreement
- Selecting a Mediator for Commercial Matters
- How to Find a Mediator
- Picking the Right Time to Mediate
- Why Mediate?
- What is Mediation?
- An Overview of International Arbitration in the U.S.
- New York State Remains Hospitable to Non-Compete Clauses
- New York City Deregulates the Art Market
- Delaware Supreme Court’s New Guidance on DGCL Section 220 Admits “Reliable Hearsay”
- André Castaybert Awarded Preeminent AV Rating: 2022 Judicial Edition Martindale-Hubbell Award
- Why Arbitrate in NY: New York Has Leading Arbitration Professionals
- Why Arbitrate in NY: New York Has an Established and Flexible Body of Arbitration Law
- Why Choose to Resolve Commercial Disputes in New York
- André Castaybert Joins the American Foreign Law Association
- Consultants Rarely Fit: The Exclusive Confines of Attorney-Client Privilege
- Brief Overview of the Lanham Act
- Section 1782 Discovery in Private International Arbitration Shut Down by Supreme Court
- DOJ Enacts New Prosecutorial Policy to Reflect Limits of the CFAA
- Confidentiality Provisions: Non-Compliance Has Few Consequences
- Art Still Requires a Human Touch According to the US Copyright Office
- Hermès Files Complaint Against NFT Creator for Trademark Infringement of Famed Birkin Bag
- The Time and Scope of Navigating the Disclosure of Trade Secrets During Discovery
- “Trading Secrets” Legal Blog
- DE Court’s Decision Limits Former Directors’ Access to Privileged Information
- Floyd Abrams’s Important NYT Guest Essay Warns that the Supreme Court “Faces a Huge Test on Libel Law”
- FTC Warning and Stricter Enforcement of §5 of the FTC Act Regarding Deceptive Online Endorsements
- André Castaybert Awarded Preeminent AV Rating: 2022 Martindale-Hubbell Award
- André Castaybert Awarded Highest Possible Rating: 2021 Lawyers.com
- André Castaybert Awarded Preeminent AV Rating: 2021 Martindale-Hubbell Award
- André Castaybert awarded “Preeminent” AV rating from 2020 Martindale-Hubbell Peer Ratings