By Philip Berkowitz | February 23, 2018
Non-disparagement agreements are a tempting remedy. Clients want them. They are paying to put a matter behind them. But these agreements may be perceived as an effort to unfairly muzzle employees, so they must be written with care, and in the proper context.
New York Law Journal | Analysis
By Angela Turturro | February 13, 2018
In this Special Report: "Text Messages as Evidence: The Current State of Affairs in New York State Courts," "Who's Qualified to Arbitrate Your Insurance Dispute?," "Heeding the 'Wake Up' Call on Federal Rule of Civil Procedure 34," "Defeating Class Certification in TCPA Cases," "Growing Into the Gig Economy: Pending Legal Challenges for the Industry" and "Is Section 1782 Discovery Available From Corporations Not 'at Home' Under 'Daimler'?"
By Jacob Pultman | February 9, 2018
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.
By Neal Marder, Brian Carney and Garrett Llewellyn | February 9, 2018
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.
By Caitlin L. Bronner | February 9, 2018
It has been more than two years since Rule 34 was amended, and practitioners need to be mindful of this amendment.
By Joshua Gold and Peter A. Halprin | February 9, 2018
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.
New York Law Journal | Analysis
By Rena Andoh and James Salem | February 9, 2018
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.
By Angela Turturro | February 4, 2018
In this Special Report: "Unrung Bells and the Quick-Peek Order," "Three Strategic Choices in E-Discovery," "Regulator Preservation Notices—Can You Narrow the Scope?," "Beyond Document Review: Meeting Other Big Data Challenges" and "Getting It Right the First Time: Avoid the Dreaded Privilege Log 'Re-Review.'"
By Thomas G. Rohback and Brooke Oppenheimer | February 2, 2018
Grappling with the delays and discovery motions, courts have fashioned more creative discovery processes. One such mechanism is the “quick-peek” agreement. Viewed as a mechanism for parties to exchange data quickly without the fear of waiving privilege or its subject matter, courts started to consider the mandatory use of the quick-peek to streamline discovery in 2014.
By Christine Payne and Michelle Six | February 2, 2018
Electronic discovery gets a bad rap. Most lawyers find it unappetizing, high risk, and unglamorous. This perspective, however, overlooks a key litigation opportunity: developing e-discovery strategy hand in hand with trial strategy. It's the best approach for achieving solid results for your clients.
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