Insights & Tips
January 30, 2024 Preparing for negotiation in mediation requires thorough consideration of alternatives to increase the likelihood of a successful resolution. To properly formulate and evaluate competing settlement proposals offered during the mediati …
January 30, 2024 The success of a negotiation hinges on effective preparation. Parties and their counsel must prepare in advance to formulate a proper proposal, evaluate competing proposals, and consider a negotiation strategy that manages expectation …
January 17, 2024 On January 9, 2024, the U.S. Court of Appeals for the Ninth Circuit decided that Madrid’s Thyssen-Bornemisza museum (TBC Foundation) rightfully owns Camille Pissaro’s painting “Rue Saint Honoré, après midi, effet de pluie” (“Rue Saint …
January 16, 2024 On November 30, 2023, Governor Kathy Hochul declined to sign a proposed bill banning the use of non-compete agreements between employers and employees in New York. Expressing concerns about the overbroad nature of the proposed ban, Gov …
January 16, 2024 Traditional non-compete agreements have faced increased judicial scrutiny, and several states have passed laws restricting their use. Some states have banned non-competes for low-wage workers. Others have limited them for specific cate …
December 21, 2023 Depending on the preferences of the parties, the mediation can take different formats. As explained in a previous post, after the pre-mediation conference, the mediation may either begin with a joint session with all parties pr …
December 20, 2023 On September 14, 2023, Governor Kathy Hochul signed Assembly Bill 836 (A836) into law, restricting New York employers, including asset managers, access to prospective or current employees’ personal, private social media accounts. The …
November 29, 2023 In a recent article, ProPublica unveils its Claim File Helper, a new tool to help you find out why your health insurer denied your claim. Under federal law, most people in the U.S. facing a denial have the right to request their claim …
November 28, 2023 The “Freelance Isn’t Free Act” was signed into law by New York Governor Kathy Hochul on November 22. The law, SB 5026, gives freelance workers the right to have written contracts and be paid within 30 days of providing freelanc …
November 27, 2023 On November 17, 2023, New York Governor Kathy Hochul signed into law SB S4516, prohibiting settlement agreements in claims involving sexual harassment, or other form of unlawful discrimination, from containing any condition tha …
November 29, 2023 JAMS just published a useful article about navigating mediation claims against corporate officers and directors. Often these claims are derivative claims from a related suit against the company and are brought by a shareholder or LLC …
Readers looking for a short overview of the litigation process in state and federal courts in New York can consult the article linked here by Dewey Pegno & Kramarsky LLP. The article succinctly explains the structure of the civil court system, the …
