Recent Practice Points

Proposed New Jersey Law Takes Aim at Mandatory Arbitration

Jeanne Schubert Barnum – January 10, 2017 | Under the law, no company that wants to do business with the state may include a provision in any of its contracts, not just those with the state, requiring mandatory arbitration of any legal dispute.

Fifth Circuit Considers Limits of the Spearin Doctrine

Kenneth I. Levin and Jeffery R. Mullen – August 5, 2016 | The court ponders allocation of risk of defective plans and specifications in reversing $1.29 million judgment entered in favor of contractor.

Recent Articles

Best Practices in Dealing with Spoliation, Preservation, and Privilege

By Jeanne Schubert Barnum – April 19, 2018 | The importance of having a preservation plan in place, a litigation hold letter ready to go, and the Rules of Professional Conduct always in mind.

Five Tips for Controlling Time and Cost in Construction Arbitration

By Mia Levi and Michael A. Marra – April 19, 2018 | Guidance from two members of the American Arbitration Association’s Construction Division on keeping the process efficient.

Sound Advice Podcasts

USSC Decision Suggests Any State Rule Requiring Clear and Unambigous Waiver of Jury Trial in Arbitration Provision May Be Pre-empted by the FAA

By Jeanne Schubert Barnum | The recent USSC decision in Kindred Nursing holds that invalidation of any arbitration provision in a contract, if it does not include a clear and unambiguous waiver of trial by jury, is inherently hostile to arbitration and therefore pre-empted by the Federal Arbitration Act.

Basic Tips for Witness Preparation for Successful Deposition Testimony

By Ronald Williams | A well-prepared witness is the key to a successful deposition. Here is a helpful guide for making sure your witness knows the law, understands the rules of engagement and is ready to provide measured, accurate responses.

Construction Litigation

Learn how to get involved with the Construction Litigation committee and maximize your Section membership!