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Text Messages as Evidence: The Current State of Affairs in New York State Courts

Does each individual text message in a chain require a separate foundation and basis for admissibility? Examination of available case law suggests that the answer is yes.

Who’s Qualified to Arbitrate Your Insurance Dispute?

A recent English decision, ‘Allianz Insurance PLC v. Sirius International Insurance Corporation’, illustrates how tricky qualification provisions can be and the importance of having such provisions drafted in a clear and unambiguous fashion.

Heeding the ‘Wake Up’ Call on Federal Rule of Civil Procedure 34

It has been more than two years since Rule 34 was amended, and practitioners need to be mindful of this amendment.

Defeating Class Certification in TCPA Cases

For companies facing TCPA class actions, hope is not lost. In addition to the powerful strategies that are available for obtaining dismissal on the pleadings or negotiating early settlements, companies have an arsenal of strategies they can deploy to defeat class certification.

Growing Into the Gig Economy: Pending Legal Challenges for the Industry

The gig economy is the wave of the future and, like any new and disruptive industry, there will undoubtedly be growing pains. But a smart legal strategy can lay the groundwork for a far more seamless transition into this era.

 

Is Section 1782 Discovery Available From Corporations Not ‘at Home’ Under ‘Daimler’?

This article addresses the text of §1782, pre-’Daimler’ decisions construing the relevant statutory requirement and the recent ‘Sargeant’ decision, and shows how Judge Pauley’s statutory analysis limits §1782’s reach even more significantly than the constitutional analysis of ‘ANZ Bank’.