Searching Content by Leslie Berkoff ordered by Published Date Descending.
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A Federal Judge Has Rejected A New York Law Prohibiting Mandatory Pre-Dispute Arbitration Of Sexual Harassment Claims
In a decision from the United States District Court for the Southern District of New York, U.S. District Judge Denise Cote has held
United States
5 Sep 2019
Mediating Valuation Disputes
The bankruptcy courts have been continuously at the forefront of the many courts embracing mediation as a tool to resolve disputes.
United States
16 Jul 2019
Clarifying An Otherwise Final Award: An Exception To The Functus Officio Doctrine
Functus Officio is a Latin term meaning that once the purpose of the task at hand is completed, there is no further force or authority to undertake any further measures. When applied to arbitrations
United States
24 Jun 2019
Chapter 15: Court Permits Foreign Debtors To Access And Transfer Funds In A US Account
On 29 January 2019, Judge Martin Glenn, of the Southern District of New York (SDNY) Bankruptcy Court, in the case of ENNIA Caribe Holding,
United States
17 May 2019
Supreme Court Decides On Applicability Of Section 1 Of The Federal Arbitration Act
A recent unanimous Supreme Court decision adds uncertainty to the application and enforceability of arbitration agreements in the transportation industry.
United States
15 Mar 2019
Arbitration Continues To Be A Hot Topic Before The Supreme Court (Update)
Interpretation of the Federal Arbitration Act (FAA) has been a frequent issue considered by the U.S. Supreme Court this year. On October 29, 2018, the Supreme Court heard oral argument ...
United States
17 Jan 2019
Is Arbitration In Bankruptcy Cases A Viable ADR Option?
Bankruptcy practitioners are generally familiar with the significant growth that has been happening in the use of mediation as a means of resolving disputes within bankruptcy cases.
United States
16 Jan 2019
Arbitration Continues To Be A Hot Topic Before The Supreme Court
Interpretation of the Federal Arbitration Act (FAA) has been the topic of both recent and pending cases on the Supreme Court's docket.
United States
24 Oct 2018
Supreme Court Hears Argument On Applicability Of Section 1 Of The Federal Arbitration Act
On October 3, 2018, the United States Supreme Court held oral argument for New Prime Inc. v. Oliveira, No. 17-340, a case concerning Section 1 of the Federal Arbitration Act ("FAA").
United States
22 Oct 2018
Effective Advocacy In Mediation
Mediation is a collaborative process that allows parties to resolve a pending dispute in a manner that is far more flexible than that which can be achieved under a court decision.
United States
15 Oct 2018
Recent Decisions Pertaining To Chapter 15
Recently, the judges of the Bankruptcy Court of the Southern District of New York issued three decisions addressing Chapter 15 the United States' adoption of the Model Law on Cross Border Insolvency (Model Law).
United States
11 Oct 2018
Drawing The Borders On Chapter 15 Bankruptcy
April 2018 was a very busy month for the interpretation and application of Chapter 15 in the U.S. Bankruptcy Court ...
United States
27 Sep 2018
Cybersecurity And Potential Healthcare Bankruptcy: The Continuing Intersection Of Data And Disaster
This article will identify the various means by which third parties can easily access data, what data theft can lead to, and how several organizations, including healthcare companies...
United States
7 Jun 2018
The Continuing Value Of The Joint Session In Mediation
Traditionally, the joint session has been the foundation of the mediation process. In biblical times, sparring community members often resolved conflicts by gathering together in an open forum...
United States
14 Nov 2017
What Happens When Hospital Data Is Held Hostage?
the past six months, the number of cybersecurity attacks have increased around the globe, many of which have specifically impacted the healthcare industry.
United States
13 Oct 2017
Limitations On Adjudicating Disputes Involving Medicare Provider Agreements
The power of bankruptcy courts to adjudicate Medicare provider agreements has been addressed by several circuit courts in recent years. Given the distressed nature of the health care industry...
United States
22 Jun 2017
Medicare's Jurisdictional Bar And The Bankruptcy Code
One of the many issues that hospitals and other health care providers face when they become insolvent is addressing their Medicare provider agreements and the prohibitions contained within the Medicare Act.
United States
23 May 2017
The Importance Of The Right Mediator
In order to set the stage for a successful mediation, it is crucial to select the right mediator. Not every mediator is the right fit for every kind of mediation.
United States
21 Apr 2017
Will Section 363 Become A New Chapter Of The Bankruptcy Code?
During the volatile economic climate of recent years, expedited 363 sales have been favored over more traditional reorganizations under Chapter 11.
United States
14 Dec 2015
How Lawyers Can Be The Most Effective Advocates In A Mediation
Mediation is a collaborative process that allows parties to reach a resolution in a way that is far more flexible than through a court proceeding.
United States
8 Jun 2015
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