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AI in Discovery: The Future Is Now

Robert J. Burns, Benjamin R. Wilson, Joan M. Washburn write: A well-designed and well-executed process utilizing Continuous Active Learning technology might be what you—and your client, your adversary, and your judge—are seeking to minimize costs, maximize efficiency, and fast-track your case to its more fruitful, and more enjoyable, stages.

Second Circuit Clarifies Cross-Border Reach of Fifth Amendment Protections

Lewis Wiener, James Southworth and Kymberly Kochis are partners, and Francis X. Nolan write: Understanding the authority—and limitations—of regulatory power in different jurisdictions in a global economy can save companies, their executives and their employees from unnecessary criminal and civil litigation.

The Laborious Task of Litigating NY State Labor Law Claims: A Pre-Trial Defense Perspective

Matthew Rice, Joseph Rava and Peter Read write: Almost any accident on a construction site, especially those involving elevation-related hazards, may subject owners, general contractors and subcontractors to liability and, in some cases, absolute liability. The defense must focus on defeating liability, transferring risk and reducing the damages claim.

Impact of ‘Trulia’ on Merger Litigation in State and Federal Courts

John A. Neuwirth, Joshua S. Amsel, Christine T. Di Guglielmo and Evert J. Christensen Jr. write: Since ‘Trulia’, there has been a decline in Delaware in the number of run-of-the-mill challenges to nearly every public company merger transaction. But while the volume of merger litigation in Delaware has been on the decline, there has been a noticeable surge in filings in other jurisdictions, particularly federal courts.

Defending Against ‘Reptile Theory’ Trial Strategy in Tort Litigation

Gregg D. Minkin and Jedidiah M. Bernstein write: It is imperative that the Defense bar in New York bring the Reptile strategy to the court’s attention and begin to develop the law in that regard.

Limiting the Use of Corporate Depositions to Their Proper Purpose

Ian Shapiro implores courts and practitioners to limit the use of Rule 30(b)(6) depositions—and their Rule 11-f analog under the CPLR—to their proper and intended purpose.