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June 14, 2017 | New York Law Journal

'Upjohn' Across the Pond: A Muddy View

Daniel A. Cohen and Adam P. Cohen write that the U.S. Supreme Court held that attorney-client privilege covers communications between all employees and the corporation's attorneys. English courts, however, have rejected this central tenet of 'Upjohn'. In both this and other respects, English law has taken a restrictive approach to protecting "internal investigation" documents from disclosure, as a pair of recent decisions of the High Court illustrate.
24 minute read
June 29, 2016 |

New York Court of Appeals Clarifies Common Interest Doctrine

Daniel A. Cohen of Walden Macht & Haran discusses the recent 'Ambac' decision, in which the Court of Appeals held that the existence of a joint legal strategy is a necessary, but not sufficient, condition for applying the common interest doctrine and that the existence of actual or anticipated litigation is additionally required in order for the doctrine to apply.
26 minute read
July 03, 2014 |

Recent E-Discovery Decisions Provide Practical Guidance

In his State E-discovery column for the New York Law Journal, Mark A. Berman, a partner at Ganfer & Shore, writes: New York courts recently have issued a series of e-discovery decisions that provide real guidance to practitioners. 'Kennedy Assoc. v. JP Morgan Chase Bank N.A.,' 'Mancino v. Fingar Ins. Agency,' 'Pegasus Aviation I v. Varig Logistica S.A.,' and 'Roberts v. Corwin' are among the cases analyzed.
10 minute read
July 01, 2014 |

Recent Decisions Provide Practical Guidance

In his State E-discovery column, Mark A. Berman, a partner at Ganfer & Shore, writes: New York courts recently have issued a series of e-discovery decisions that provide real guidance to practitioners. 'Kennedy Assoc. v. JP Morgan Chase Bank N.A.,' 'Mancino v. Fingar Ins. Agency,' 'Pegasus Aviation I v. Varig Logistica S.A.,' and 'Roberts v. Corwin' are among the cases analyzed.
10 minute read
May 01, 2014 |

Predictive Coding Is Here to Stay

Judges embrace technology that's no more exotic than a spam filter.
4 minute read
Law Journal Press | Digital Book Emerging Technologies and the Law: Forms and Analysis Authors: Richard Raysman, Peter Brown, Jeffrey D. Neuburger, William E. Bandon III View this Book

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