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April 16, 2024 | New York Law Journal

Decision of the Day: Former Fox News Host Sanctioned in Defamation Case Against Ghost Writer for Failing to Meet Discovery Demands

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
March 29, 2024 | New York Law Journal

Look and Listen: How To Conduct Effective Pre-Litigation Investigations

In short, if you are not conducting a robust pre-litigation investigation of any major case, you are handicapping yourself before you begin. Such work is productive, cost-effective and a force multiplier if done correctly.
8 minute read
March 25, 2024 | New York Law Journal

Trump New York Criminal Trial to Begin April 15, Judge Rules

The case was originally scheduled to kick off on March 25, but was postponed by Acting Manhattan Supreme Court Justice Juan Merchan due to a last minute document dump.
3 minute read
March 21, 2024 | New York Law Journal

Prosecutors Accuse Trump, Counsel of 'Wholly Inventing Facts' to Delay Criminal Trial

"Only by grossly mischaracterizing the record is he able to level spurious and reckless allegations of prosecutorial misconduct," prosecutors tell the judge in response to defense allegations of discovery violations.
4 minute read
March 15, 2024 | New York Law Journal

Stormy Daniels Is Releasing a Film—and Trump's Lawyers Aren't Happy

Prosecutors deny that any violations have occurred. Justice Merchan has set a hearing for March 25, the date previously scheduled for jury selection.
4 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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March 14, 2024 | New York Law Journal

Donald Trump Accuses Lawyers of Discovery Violations

Should Justice Juan Merchan decline to dismiss the indictment, defense counsel is asking that he preclude the trial testimony of Michael Cohen and Stormy Daniels and delay the trial by at least 3 months. Prosecutors say no violations have occurred.
4 minute read
March 07, 2024 | New York Law Journal

Section 1782 is a Little-Known Superpower for Foreign Litigants

Litigants outside the U.S. are finding the use of 28 U.S.C. §1782 can be a secret weapon that leads to victory. Yet many don't recognize or realize the power the section provides. It can be used to provide documents and testimony from U.S. residents and corporations that often aid a case in a foreign court. However, a Section 1782 filing can be a complex process and even those who are aware of Section 1782 are unsure how to find success with its use. Lori Marks-Esterman of Olshan explains why they are used, some of the complexities involved and how they can help those outside the U.S. obtain information that may ultimately help lead to successful outcomes.
5 minute read
February 21, 2024 | New York Law Journal

When Communications Concerning a Client Can Be Withheld From the Client

Conflicts arise between law firms and their clients that require lawyers within the firms to seek legal advice. In such situations, firm lawyers may seek advice from another lawyer within their firm about how to handle the issue. In subsequent litigation with the client, however, such communications may not be protected from discovery, particularly where the firm lawyer whose advice is sought has been involved in the representation of the client.
10 minute read
February 07, 2024 | New York Law Journal

The Risks Involved With Disregarding Discovery Orders

A recent decision from the Commercial Division of the Supreme Court of State of New York, "Tsung Tsin Ass'n, Inc. v. Tian Xiang Zhu," underscores the importance of litigants' adherence to the rules of discovery and court orders, and the serious consequences they can face for failing to do so. This article summarizes the decision and offers guidance as to best practices in light of it.
8 minute read
January 18, 2024 | New York Law Journal

Decision of the Day: Court Denies Parties' 'Sweeping' Arguments for Full Discovery in Patterson Belknap's Judgment Payment Suit

This ruling was selected and summarized by the New York Law Journal's decision editors. 
2 minute read

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