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August 27, 2020 | New York Law Journal

Court Dusts Off Test for Determining if a Record Is "Corporate" or "Personal"

It's the first time the Court has applied the test since articulating it in 1981.
5 minute read
August 20, 2020 | New York Law Journal

SDNY Judge Rejects Trump's Objections to Manhattan Grand Jury Subpoena Seeking Financial Records

"High respect for the president does not imply diminished respect for the ancient functions of the grand jury or the long-established standards governing challenges to its subpoenas," U.S. District Judge Victor Marrero wrote.
6 minute read
July 02, 2020 | New York Law Journal

Reviewable Protective Orders Under CPL 245: Two Bites at the Apple to Find Fairness

An examination of New York's new criminal discovery laws, specifically the new CPL article 245 which provides that significant, enumerated disclosures be made to the defense within specified time periods.
9 minute read
June 22, 2020 | New York Law Journal

ESI and the Unforeseen Consequences of the New Discovery Laws

Peter Crusco's Cyber Crime column examines whether the discovery amendments actually accomplish their intent to further the cause of justice in New York, or instead impede that sacred mission.
9 minute read
June 12, 2020 | Legaltech News

More Firms Turning to Remote E-Discovery, But In-Person Collection Isn't Going Anywhere

While remote data collection is applicable for most matters, contractual, regulatory and technical restraints mean it can't be a viable alternative all the time.
3 minute read
June 10, 2020 | New Jersey Law Journal

Judge Nixes Technophobic Litigant's Attempt to Avoid Remote Deposition

The remote deposition ruling is also another indicator that those who resist the New Jersey judiciary's measures to keep court proceedings moving during the coronavirus pandemic can't expect sympathy from the courts.
5 minute read
May 12, 2020 | Legaltech News

Lawyers as Defendants: Email Exposed as Crime-Fraud Negates Attorney-Client Privilege

Navient Solutions v. Law Offices of Jeffrey Lohman provides a guide to the crime-fraud exception to the attorney-client privilege and a gentle reminder that a First Amendment argument based on the Noerr-Pennington Doctrine will get you absolutely nowhere in a discovery dispute.
7 minute read
May 11, 2020 | Litigation Daily

Daily Dicta: Repeat After Me: It's a Bad Idea to Commit Discovery Fraud 

"A party who knowingly distorts or conceals the truth undermines the integrity of the process and maligns justice itself," wrote Senior U.S. District Judge Karon Owen Bowdre in Alabama.
4 minute read
May 10, 2020 | Litigation Daily

Daily Dicta: Sorry (Not Sorry) Varsity Blues Parents—You're Not Off the Hook

U.S. District Judge Nathaniel M. Gorton in Massachusetts on Friday wrote that while the government's failure to turn over potentially exculpatory material promptly was ' irresponsible and misguided,' it was not willful.
5 minute read
April 30, 2020 | The Legal Intelligencer

Superior Court Continues to Shape Contours of Peer Review Privilege

The Pennsylvania Superior Court has waded once again into the murky waters of peer review privilege, this time laying out the requirements for a document to qualify for protection under the Patient Safety and Quality Improvement Act and clarifying the difference between a nonconfidential incident report and a peer review document covered under the Peer Review Protection Act.
6 minute read

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