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July 15, 2021 | New York Law Journal

Billing Best Practices Strengthen Client Relationships

Do collection problems reflect client discontent? To answer this question, Carol Schiro Greenwald asked attorneys about their perceptions of the linkages between client satisfaction and law firm approaches to billing.
9 minute read
July 14, 2021 | New York Law Journal

Appeals Court Clarifies That Email Memorializing Settlement Need Not Be Separately Signed

The decision by the Appellate Division, First Department court "clarifies" for practitioners an issue that it said the state's high court has "not opined on": Whether in sending email with settlement terms to opposing counsel, attorneys must retype in their own name, above or below their already listed computer-prepopulated signature box, for the agreement to be binding.
5 minute read
July 02, 2021 | New York Law Journal

Virtual Proceedings: Technology Can Ensure Fairness

In this edition of his Virtual Lawyering column, Mark A. Berman lists recent decisions that ordered virtual proceedings over much resistance and seek to address through technology the multitude of objections lawyers have asserted to holding a virtual trial.
8 minute read
June 15, 2021 | New York Law Journal

'Small Steps': Attorneys Welcome SDNY's Easing of COVID-19 Restrictions, But Say Return to Normal Remains Elusive

Attorneys are hopeful that trial delays—which have had significant "ripple effects" for civil litigation—would soon be eased, but one said practitioners were still "on pins and needles" when thinking about how the autumn may unfold.
5 minute read
May 03, 2021 | New York Law Journal

Virtual Bench Trial Protocols

In this edition of his Virtual Lawyering column, Mark A. Berman summarizes some of the practices and procedures set out in "Virtual Bench Trial Protocols and Procedures" that counsel should be mindful of and which can be adapted to multiple types of virtual appearances.
7 minute read
April 29, 2021 | New York Law Journal

2nd Circuit Case Finding Standing to Seek 'Increased Risk' of Fraud in Data Breaches Seen as Game-Changer

The decision, on an issue of first impression for the Manhattan-based appeals court, was generally seen as a win for plaintiffs, who may now establish an injury based on an "increased risk" of harm once their sensitive data has leaked.
3 minute read
April 29, 2021 | Litigation Daily

2nd Circuit's Finding on 'Increased Risk' of Fraud Could Change the Game for Data Breach Cases

The decision, on an issue of first impression, was generally seen as a win for plaintiffs, who may now establish an injury based on an "increased risk" of harm once their sensitive data has leaked.
3 minute read
April 20, 2021 | Texas Lawyer

Plaintiffs Firm Partner Denied Admission in Iowa Case After Rare Challenge to Pro Hac Vice App

Jessica Dean acknowledged the inaccuracies and revealed that the issues ran "deeper than what has been raised" by defendants Ford Motor Co. and Honeywell.
4 minute read
April 13, 2021 | New York Law Journal

NY Commercial Division Judge to Join Ganfer Shore

Sherwood, 76, retired from the Commercial Division in February after 13 years on the bench and with time remaining in his third, two-year certification period.
3 minute read
March 01, 2021 | New York Law Journal

Reimagining the Technology of New York's Courts: Part I

In his Virtual Lawyering column, Mark A. Berman, who co-chairs a Technology Working Group, reports on findings from the group's survey of New York's judges, court attorneys and judicial staff, which inquired about their use of technology in performing their work remotely.
5 minute read

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