• Lessons from 'Deflategate': Drafting the right arbitrator picks

    Brady’s arbitration before Goodell illustrates a common struggle that extends beyond the woes of fantasy leagues, and highlights a key dilemma in the arbitration process: What can litigants do when they get pulled into an arbitration where the arbitrator, or members of an arbitration panel, are biased? Crafting an...

  • 15 tips for making Halloween more fun and less scary (legally speaking)!

    Halloween is supposed to be a joyful time – a time for trick-or-treating, fairs, and costume parties. Unfortunately, it is also a time of increased accidents, injuries, and lawsuits. Below are some suggestions to help everyone enjoy a Halloween that is happy and – hopefully – litigation free. ...

  • The pitfalls of arbitrator qualification clauses

    Arbitration clauses are common in commercial agreements. One of the primary values of arbitration is the expertise and experience of arbitrators in resolving disputes in a particular industry. However, parties often underestimate the difficulties that arise in finding and agreeing upon an arbitrator who has the requisite qualifications.

  • Sanford’s Marcuse representing plaintiff in $40 million discrimination case

    Deborah Marcuse, managing partner of the New York office of Sanford Heisler Kimpel, is representing Maria Sicola in a $40 million employment discrimination lawsuit against Cushman & Wakefield in Supreme Court in New York County.

  • Baker & Botts: Efforts continue to define its scope

    In Baker & Botts LLP v. Asarco LLC, the Supreme Court held that (a) the American Rule applies to fee-defense fees in bankruptcy fee applications, and (b) Section 330(a)(1) of the Bankruptcy Code does not include a statutory exception to the American Rule, but rather only authorizes reasonable compensation for...

  • WilmerHale’s Levin helps return stolen violin

    In 1980, a centuries-old Stradivarius violin was stolen from violinist and teacher Roman Totenberg. When he passed away in 2012, the violin was still missing. But thanks in part to WilmerHale partner Sharon Cohen Levin, the instrument is now back with the family.

  • Technological change may be a predator for privilege claims in litigation

    The recent transformations in technology have troubled the corporations and in-house counsel as there has been a seismic change in the way people communicate across the globe. While technological change have always presented multitudinous challenges, corporations and in-house counsel are finding it increasingly difficult to defend and preserve privilege information....

  • Jenner’s Kohlmann leads team to victory for Steinbeck estate

    Jenner & Block partner Susan J. Kohlmann led the team that recently won a victory for the estate of Elaine Steinbeck, the late wife of novelist John Steinbeck, and all of its beneficiaries. U.S. District Judge Terry J. Hatter Jr. of the Central District of California dismissed with prejudice the...

  • Schiff Hardin scores win for Michael Jordan

    A team from Schiff Hardin that included partner Sondra Hemeryck recently scored a win for client Michael Jordan when a jury in federal court in Chicago found that grocery store chain Safeway and Dominick’s made unauthorized use of the basketball legend’s identity.

  • How defendants can combat the 'reptile strategy' (and its ilk)

    Recently, the Reptile Strategy has gained popularity among plaintiffs, credited by its “inventors” with producing billions in jury verdicts ( It applies the “safety” principle, framing the conduct of the defendant as a threat to community safety, allegedly tapping into a primitive part of the human brain, producing a risk...

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