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<i>Res Judicata</i> and Collateral Estoppel In Subsequent Arbitration Proceedings
The doctrines of res judicata (aka “claim preclusion”) and collateral estoppel (aka “issue preclusion”) are closely related: They both aim to foreclose a party from re-litigating a right, question or fact previously adjudicated by a court or tribunal of competent jurisdiction between the same or related parties. Because both doctrines have long been recognized as available in arbitration ( Commonwealth Ins. Co. v. Thomas A. Greene & Company, Inc., 709 F. Supp. 86, 88 (S.D.N.Y. 1989); Restatement (Second) Judgments ' 84(1)), it is not uncommon in the realm of reinsurance disputes ' where the reinsurance contracts at issue very often require an arbitral forum ' for a party that has been victorious on an issue or claim in an initial arbitration (or lawsuit) to attempt to preclude its opponent or a related party from re-adjudicating that same claim or issue in a subsequent arbitration.
The predominantly confidential nature of reinsurance arbitrations makes less clear how successful res judicata or collateral estoppel arguments before arbitrators are in ultimately barring the subsequent claims or issues. Indeed, as discussed further herein, the inherent attributes of the arbitration process, designed in part to bring greater efficiency and less formality to the dispute resolution process, may undermine the effectiveness of a preclusion argument.
Who Decides Whether a Claim or Issue Is Precluded?
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.