Mandatory mediation pilot proposed for New York state court

An advisory committee has recommended that the New York Supreme Court (the state court of first instance located in Manhattan) adopt a pilot programme for mandatory mediation in its Commercial Division, which exclusively hears complex commercial cases. While other New York… Read more

New Texas Rule for Expedited Civil Actions

In February of 2013, the Supreme Court of Texas issued Texas Rule of Civil Procedure 169, which designs a streamlined and expedited trial process for cases valued below $100,000 (excluding actions under the Family Code, Property Code, or Tax Code). … Read more

The role of ‘settlement counsel’ in the USA

The role of 'settlement counsel' is growing in the US. Unlike litigation counsel, who are engaged to prosecute or defend claims before the courts, the objective of settlement counsel is to engage in problem solving focused on the interests of the… Read more

Herbert Smith New York opens today

Our New York office opens for business today, 4 September 2012. The office will initially operate as Herbert Smith New York. On 1 October 2012, the official launch date of our merger with leading Australian firm Freehills, it will become part of… Read more

Mediation holds steady in the USA

A recent survey of general counsel and senior lawyers at Fortune 1000 corporations has found that arbitration usage is in decline whilst mediation is holding steady. The study, co-sponsored by Pepperdine's Straus Institute, Cornell University, and the International Institute for… Read more

ADR on the increase in US Federal courts

A November 2011 study by the Federal Judicial Center has revealed that more than one-third of all federal trial courts authorise multiple forms of ADR, and all federal courts authorise one form of ADR.  For the 12-month period ending June… Read more

Herbert Smith wins CPR Institute Award

In January 2009, the International Institute for Conflict Prevention & Resolution (the CPR Institute) based in New York presented its annual law firm award to Herbert Smith. The CPR Institute recognised Herbert Smith (over numbers of US firms) for 'its… Read more