The firm won an arbitration award of $671,000 for its client against Banc of America Securities Inc. which then sought to vacate the award on several grounds including that the arbitration panel manifestly disregarded applicable law. We argued that was not an acceptable basis in New York for overturning an arbitration award, and prevailed. Banc of America Securities v. Knight, 4 Misc. 3d 756 (Sup. Ct., NY Cnty, 2004). The U.S. Supreme Court later ruled similarly in Hall Street Assoc. LLC v. Mattel, Inc., 552 U.S. 576 (2008). In the current issue of Siegel's New York State Law Digest, the lead article is "Arbitrating Arbitrability" and it refers to our victory as a "major New York" decision. It has been cited 50 times.
For three years running, both Laura Hoguet and John Kenney have been named as Superlawyers in the New York Metro area. Laura Hoguet has been recognized in two areas, Business Litigation and Employment & Labor. John Kenney has been recognized in three, Business Litigation, Criminal Defense: White Collar, and Corporate Governance & Compliance. The Superlawyer ranking is based upon peer nominations and evaluations, and independent third party research. The firm does not solicit or pay for the designation.
On June 16, 2009, Tai-Heng Cheng delivered an alternative dispute resolution CLE on hybrid mediation and arbitrations ("Med-arb") at the Fourth Annual Conference on International Arbitration and Mediation at Fordham Law School to leading international arbitrators, mediators, practitioners, and scholars. Participating on a panel with representatives from AAA/ICDR and CPR, Professor Cheng discussed the economic pressures to conduct alternative dispute resolution more efficiently and at lower costs, and how med-arb in international commercial disputes might present an attractive alternative. He also highlighted problems of enforcing med-arb settlements or awards in the United States and internationally, and suggested strategies for counsel and arbitral institutions to overcome these challenges. A paper based on his comments will be published in June 2010 in a book of the proceedings of the Conference.
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