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Thorny Issues Raised by Third-Party Discovery in Arbitration

USA - April 20 2021 In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the nuanced analysis of…

Edward M. Spiro.

The Federal Arbitration Act Precludes New York from Exempting Claims from Arbitration

USA - February 17 2021 When parties to a contract agree to settle any claims that may arise between them through arbitration, the Federal Arbitration Act (the FAA) sets…

Edward M. Spiro.

Obtaining Discovery Relating To a Confidential Private Mediation

USA - December 15 2020 When parties engage in private mediation, they frequently assume that their mediation-related submissions and communications are not discoverable in…

Edward M. Spiro.

Remote Depositions: The New Normal

USA - October 21 2020 Since the start of the COVID-19 pandemic, parties have had to adjust their approach to litigation—including by conducting remote depositions—to…

Edward M. Spiro.

Discovery of Absent Class Members Prior to Class Certification

USA - August 18 2020 The named plaintiffs in a putative class action must offer affirmative evidence--beyond just the allegations in their complaint--sufficient to…

Edward M. Spiro.