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Strategic Considerations in Bankruptcy Discovery: Rule 2004’s Limitations in Light of the Pending Proceeding Rule
The power to commence a Rule 2004 examination, commonly compared to a “fishing expedition,” is not unchecked. The principal limitation is the so-called pending proceeding rule, which prevents a party from using Rule 2004 to obtain discovery that would not be available under the Federal Rules of Civil Procedure.
Thorny Issues Raised by Third-Party Discovery in Arbitration
In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the nuanced analysis of third-party discovery issues in 'Broumand v. Joseph', a subpoena enforcement proceeding where the out-of-state respondents successfully resisted arbitral subpoenas.
Are Juvenile Curfew Laws Effective Crime Stoppers?
Cities around the country have weathered large-scale legal and illegal citizen reactions following the death of George Floyd in Minneapolis. In response, many communities have imposed curfews. From a social policy perspective, is a juvenile curfew law a common sense public safety tool or an example of undue and unnecessary interference from the government?
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