By Edward M. Spiro and Christopher B. Harwood | August 22, 2019
In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision by U.S. District Judge Jed S. Rakoff denying a petition seeking §1782 discovery for failure to satisfy the statutory requirements.
New York Law Journal | Analysis
By Russell Yankwitt and Dina Hamerman | August 15, 2019
To combat the tension between litigation and skyrocketing litigation costs, the authors propose amending the Federal Rules of Civil Procedure to comport with the position taken by many state courts, including New York, to stay all discovery upon the filing of a dispositive motion to dismiss a complaint.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | August 12, 2019
In their Technology Law column, Richard Raysman and Peter Brown discuss a decision concerning the scope and interpretation of an agreement that required software maintenance. Specifically, the dispute centered around an alleged intra-corporate conspiracy to deprive plaintiff software maintenance services for imaging technology. As analyzed in greater detail in this column, the court issued rulings in both parties’ favor.
New York Law Journal | Analysis
By Michael Hoenig | August 9, 2019
In his Complex Litigation column, Michael Hoenig writes: Three decisions in July have ignited a potential firestorm of products liability exposure perhaps wider than the jurisdictions involved in the cases. Given Amazon’s huge product line, the numbers of purchasers and users, the diversity of the many third-party vendors, and the policy reasons articulated by these courts, it is likely that a flood of lawsuits lies ahead.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | August 5, 2019
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'GN Netcom v. Plantronics', which serves as a reminder to parties and practitioners of the key importance of experts—and their testimony—as part of discovery. And, importantly, it also highlights the potential significant impact of insufficient discovery processes on the overall outcome of matters.
New York Law Journal | Analysis
By J. Scott Colesanti | July 31, 2019
The Securities and Exchange Commission, the multibillion dollar agency that safeguards investors, presently stands on the precipice of the layer Dante reserved for the indecisive. For, nearly a decade after Bitcoin burst onto the scene in 2010, there has been no concrete attempt at delineating purchaser from investor in the cryptocurrency market—indeed, it appears the agency is content to provide guidance regarding fraud and custody rather than defining products and attendant responsibilities for those soliciting funds for digital conversion.
New York Law Journal | Analysis
By Janet Falk | July 30, 2019
Whether purchasing equipment, using software to research matters or tracking billed hours, you must rely on technology products and solutions to operate your practice. In her Best Practices for Solo Practices column, Janet Falk explores how solo practitioners utilize various types of technology.
New York Law Journal | Analysis
By Katherine B. Forrest | July 29, 2019
In her Artificial Intelligence column, Katherine B. Forrest writes: At the beginning of a new technological era, which virtual reality powered by AI presents, there are opportunities. Here, the opportunities to understand what rules we will want (or not want) to live by are real. Powerful virtual environments in which large numbers of people spend time are clearly several years away, but a robust dialogue between now and then will help us gather our thoughts and our philosophies, and craft our answers to these new challenges.
New York Law Journal | Analysis
By Patrick M. Connors | July 26, 2019
In his New York Practice column, Patrick M. Connors discusses cases that tackle the various issues which have developed alongside the growth of e-filing in New York state courts. He writes that lawyers should be aware of the pitfalls that can occur while dipping their toes into the e-filing waters.
New York Law Journal | Analysis
By David R. Owen | July 15, 2019
The only proven way for an organization to beat a ransomware attack is to ensure it never becomes a victim in the first place.
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