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March 06, 2024 | New York Law Journal

CPLR 2106 Amended to Permit Any Person to Submit an Affirmation in Lieu of an Affidavit (Part 2)

In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
13 minute read
November 09, 2018 | New York Law Journal

Attorney Misconduct During Depositions

Complex Litigation columnist Michael Hoenig writes: Although the complex topic of deposition misbehavior is broad and the variants are many, the common thread running throughout the rules and the case law is: Let the Deponent Testify! With few explicit exceptions, the attorney should not interfere with the witness's answers or the flow of the examination.
10 minute read
August 31, 2016 |

Electronically Stored Information and the Fourth Amendment

In his Corporate Crime column, Steven M. Witzel writes: In dealing with issues involving electronically stored information, Congress, courts and commentators are struggling to find the proper balance between preserving Fourth Amendment rights and providing effective tools for government investigations.
17 minute read
April 13, 2015 |

Does Use of Self-Destructing Messages Raise Spoliation Concerns?

Peter Isajiw and Anthony Del Giudice of Cadwalader, Wickersham & Taft write: Courts have not yet considered how to categorize self-destructing message apps, but the law's general distaste for missing records and the increasing popularity of self-destructing message apps makes a forthcoming confrontation likely.
10 minute read
April 01, 2015 |

Judge Won't Modify Broad Protection Order in Paterno Suit

A broad protection order barring disclosure of pretrial discovery materials will stay in place in the Paterno v. NCAA suit, the judge overseeing the case has ruled.
4 minute read
March 31, 2015 |

Plaintiff's Lawyer Barred from Defense's Medical Exam

A plaintiff's attorney is not allowed to be present during neuropsychological testing of his or her client, a Lebanon County Court of Common Pleas judge has ruled.
4 minute read
February 12, 2015 |

Corman Releases Discovery Docs in NCAA Suit

Calling upon the NCAA to conduct an investigation into how it imposed a consent decree against Penn State, state Sen. Jake Corman, R-Centre, released nearly 5,000 pages of documents uncovered while his suit against the college athletics governing body was being litigated.
5 minute read
December 12, 2014 |

NCAA Fights for Broad Protection Order in Paterno Suit

The NCAA is citing its ongoing spat with state officials in a separate case as evidence that a protection order in Paterno v. NCAA should limit pretrial disclosure.
4 minute read
November 13, 2014 |

State Officials Say NCAA Collaborated on Freeh Report

Newly released emails show the NCAA collaborated with the Freeh Group in the lead-up to the release of the Freeh report, according to state officials involved in the dispute over the $60 million consent decree the athletic body levied against Penn State University.
5 minute read
September 23, 2014 |

Privilege Issues for Multijurisdictional In-house Counsel

What happens to the attorney-client privilege when in-house counsel work in states other than where they are licensed, or when they are foreign-licensed attorneys?
6 minute read

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