Publications

Many health insurance plan agreements contain language in which the patient agrees, by virtue of their participation in the plan, that any medical malpractice claim will be heard by an arbitrator rather than in court by a jury. In other instances, medical providers and facilities have arbitration clauses contained in the pap...

Although risk transfer is sometimes viewed as analogous to questions concerning a party's potential liability and exposure, the reality is that risk transfer - perhaps, more aptly described as liability transfer - is the true "money game." A successful transfer of a party's defense and indemnification at the start of a lawsu...

When football players at Northwestern University launched a bid to unionize last year, and a regional director at the National Labor Relations Board ("NLRB") ruled that the players are employees under the control of the university, a veritable "Pandora's Box" was opened that could, ultimately, end collegiate athletics as we ...

Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions that had to be made in a day dwarfed any type of previous experience. Much in the same way the sheer nu...

Over the years, I have had the opportunity to preside over numerous commercial arbitrations of all types. I have done so as the sole arbitrator and also as a member of a tri-panel. The decision to use a single arbitrator versus a tri-panel is a critical one. The decision as to the use of a single arbitrator or a tri-panel...

Recognizing the unquestionable value of mediating commercial disputes, the New York Supreme Court, New York County, launched a pilot project by which certain cases assigned to the Commercial Division are automatically referred to mandatory mediation. Because it has been just a short while since the pilot project became effec...

Many attorneys are familiar with the old adage, "Cases which get prepared for trial settle and cases which are prepared for settlement get tried." On this spectrum, Mediations should be viewed as much more akin to a trial with "preparation, preparation, preparation" being the mantra chanted. Mediations provide that moment in...

During the last month, John W. McConnell, Counsel, to Chief Administrative Judge Gail Prudenti, set forth five proposed changes to how the Commercial Division operates - both substantively and procedurally. Many of these changes were first floated to the public in the Report to Chief Judge Jonathan Lippman by his Task Force ...

Here are some do's and don'ts which lead to a more effective joint session of your mediation: Do engage in a realistic discussion of the strengths and weaknesses of your case. Do not spend time posturing to impress or intimidate. Do recognize that every case is unique. Do not lump your case in with similar matter...

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 potential. The mediator will be m...