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NYLitigator

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Fall 2018

Message from the Chair
By Robert N. Holtzman 

Court Reaffirms the Importance of Sufficiently Alleging Demand Futility in Derivative Lawsuits
By Michael A.H. Schoenberg

Mediation Myths: Barriers to the Use of Meditation
By Steven C. Barrett

Ten Common Mistakes to Avoid in Arbitration
By Joseph P. Zammit

In Memoriam: Hon. Thomas A. Dickerson
By Daniel K. Wiig

The Return of the Chinese Tick Case
By Thomas A. Dickerson

New York PFOA Environmental Tort and Medical Monitoring Class Action Certified
By Thomas A. Dickerson

When Experts Come From Different Planets: Finding the Difference Driving Seemingly Irreconcilable Expert Evidence in Arbitration
By Theodore K. Cheng and Sherman Kahn

International Litigation: Recognition of Foreign Country Money Judgments and the Jurisdictional Nexus
By Clara Flebus

Administering Financial Antitrust Settlements Involving Complex Financial Instruments and Related Markets
By Loree Kovach and Lauren McGeever

The Application of Daimler AG's Principal-Place-of-Business Standard in New York Courts
By John R. Higgitt

Committee Report

Proposed Amendment of Rule 3 of the Rules of the Commercial Division, Rule 3(a), Relating to the Selection of Mediators

The views expressed in the articles in this publication are not endorsed by the Commercial and Federal Litigation Section, unless so indicated.

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The NYLitigator features peer-written substantive articles relating to the practice of commercial and federal litigation on various topics, including discovery; mediation; settlements; corporate liability; and due process. Section Reports, written by various Commercial and Federal Litigation Committees, are often featured in each issue. Edited by Daniel K. Wiig, Esq., the NYLitigator is published by the Commercial and Federal Litigation Section and distributed to Section Members free of charge.

The NYLitigator is published as a benefit for members of the Commercial and Federal Litigation Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
© New York State Bar Association. All rights reserved. ISSN 1085-4193 (print) ISSN 1933-8589 (online)

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