VIRTUAL ADR UPDATE – TECHNOLOGY, CYBERSECURITY AND UNIQUE ISSUES PRESENTED BY HON. JOHN P. DIBLASI
Magistrate Judge Elizabeth A. Pascal recently denied an unopposed Motion to Redact and Seal (“Motion”) portions of a transcript of a telephone conference with the Court. In denying the Motion, the Court found multiple...more
The Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) requires a public hearing as a form of public approval for certain types of tax-exempt private activity bonds. Thanks to COVID-19, holding a hearing is easier than...more
I love getting a comment from a reader about a blog post I’ve written! I love it even more when the reader provides information that I didn’t know previously. And when it’s from none other than the Hon. Andrew Peck (ret.),...more
With a year of pandemic-fueled work-from-home experience under our collective belts, you can now find numerous helpful guides and horror stories to help you prepare for remote hearings and trials. There are some basics...more
Shortly after declaring a State of Emergency with respect to the COVID-19 pandemic, and in light of the desire to avoid large in-person gatherings, Governor Lamont issued Executive Order 7B, which provides that the in-person...more
The Fourth Circuit announced today that its suspension of in-person arguments will continue through the December 7-11 argument session...more
Today’s post explores how to best present yourself in a virtual mediation. Specifically, I tackle the issue of why what you wear is important. Yes, attire matters! Let’s start with the basics: Effective advocates in any...more
The COVID-19 pandemic has had a profound impact on all of us. Most tragically, it has already resulted in the deaths of more than 400,000 people around the world, including more than 100,000 Americans, of whom more than...more
...Remote hearings are nothing new, but the COVID-19 crisis has forced international arbitration out of its comfort zone. Most steps in an international arbitration are done remotely nowadays, including holding case...more
So now that the Federal Circuit has wrapped up its fifth oral argument sitting by telephone, I thought it could be a good time to look again at what factors affect whether the Court holds a telephonic hearing or submits a...more
Difficult times foster change and an exploration of alternative and better ways of doing business. With that thought in mind, NAM (National Arbitration and Mediation), one of the nation's leading providers of Alternative...more
Is there dialogue from a film more apropos to our current wants and desires than the following? Doc Brown: Marty, you gotta come back with me! Marty McFly: Where? Doc Brown: Back to the future! Back to the Future –...more
Although New York City’s state court judges are now back in their chambers, in-person hearings have not yet commenced. Administrative Judge Deborah A. Kaplan reported that her division has had success using “video-linked...more
Seyfarth Synopsis: In an April 7, 2020 memorandum, New York’s Chief Administrative Judge laid out New York Courts’ plan to begin resume hearing non-essential matters, including asking judges to schedule remote conferences if...more
The current outbreak of novel coronavirus (2019-nCoV or COVID-19) is causing widespread repercussions. The virus is affecting every aspect of life: courts have been forced to close, trials by jury have been postponed in some...more