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August 31, 2020 | New York Law Journal

Triggering and Production of 'Litigation Holds'

Mark A. Berman's State E-Discovery column: Addressing the rarely litigated issue of the production of "litigation hold" related documents, a recent decision discusses when such information is required to be turned over to the party alleging spoliation.
7 minute read
August 24, 2020 | New York Law Journal

Diversity and Inclusion Meets Virtual Lawyering

Now is thus a good time, with working virtually having been legitimized, for law firms to examine their practices in light of attorney diversity and inclusion and, in particular, increasing opportunities for women.
3 minute read
July 06, 2020 | New York Law Journal

Cybersecurity Education for Lawyers

In his column on State E-Discovery, Mark A. Berman discusses the importance of educating lawyers about cybersecurity protection of confidential and proprietary client and law firm electronic information.
8 minute read
Matter of Rose Castle Redevelopment II LLC v. Franklin Realty Corp.
Publication Date: 2020-06-17
Practice Area: Contractual Disputes | Dispute Resolution | Real Estate
Industry: Real Estate
Court: Appellate Division, First Department
Judge: Justice Jeffrey Oing
Attorneys:
For plaintiff: For Respondent: Stephen E. Tisman, Craig M. Flanders and Gregory P. Cronin of counsel, Blank Rome LLP, New York.
For defendant: For Appellants: Mark C. Zauderer, Ira Brad Matetsky and Grant A. Shehigian of counsel, Ganfer Shore Leeds & Zauderer LLP, New York.
Case number: 652433/18

Arbitrator's Act in Reducing Award by $8 Million Is Supportable as Contract's Reformation

Appellate Division, First Department:June 11, 2020
Publication Date: 2020-06-15
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Cases Decided
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department:June 11, 2020

May 27, 2020 | New York Law Journal

Non-solicitation Rule Lifted in NY Fashion Agencies' Heated Battle Over 'Mass Exodus' of 55 Models

What exactly occurred with the alleged poaching or "conspiracy designed to destroy" Men Women N.Y. Management by Elite Model Management was not before the Appellate Division, First Department, an injunction order on soliciting models away was. That legal issue was decided. The substance of why 55 models suddenly left Men Women N.Y. last spring and summer must still be hashed out.
6 minute read
May 11, 2020 | Litigation Daily

NY Litigators Use Creativity to Manage Their Cases Without Jury Trials on Tap

While several major court functions are still shut down, including the filing of new cases, jury trials and unrestricted access to courthouses, attorneys acknowledged that the reopening process is not entirely in the hands of court leaders.
5 minute read
May 11, 2020 | New York Law Journal

'Rolling With the Punches': Litigators Use Creativity to Manage Their Cases Without Jury Trials on Tap

While several major court functions are still shut down, including the filing of new cases, jury trials and unrestricted access to courthouses, attorneys acknowledged that the reopening process is not entirely in the hands of court leaders.
5 minute read
May 04, 2020 | New York Law Journal

Are Non-Party Attorney Fees Recoverable as a Reimbursable ESI Production Expense?

In his State E-Discovery column, Mark A. Berman discusses a recent informative decision in laying out the factors that a court may consider in deciding whether to order the payment of non-party attorney fees.
6 minute read
April 29, 2020 | New York Law Journal

How Can Law Firms Safely Reopen? New York Bar Group to Make Recommendations

The New York State Bar Association's president says law firm lawyers and staff should be among the first allowed to return to their offices.
4 minute read

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