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New York Law Journal

Issuing Guidance on ESI Custodians, Court Defers to Responding Party

In their Federal E-Discovery column, H. Christopher Boehning & Daniel J. Toal write: 'In re EpiPen' breaks new ground on the standards for designating ESI custodians and, more broadly, on the proper scope of discovery under Federal Rule of Civil Procedure 26(b)(1). Judge James provides a clear and coherent set of principles for practitioners.
6 minute read

New York Law Journal

My Lawyer Said It Was OK: 'Scully' and Defending Based on Reliance on Counsel

White-Collar Crime columnists Robert J. Anello and Richard F. Albert write: Good faith reliance on counsel can be a powerful weapon in defense counsel's arsenal; but to bring it to bear, counsel may need to overcome procedural challenges borne of skepticism and an unduly narrow view of the doctrine.
11 minute read

New York Law Journal

Itemized Damages in Wrongful Death Actions

Medical Malpractice columnists Thomas A. Moore and Matthew Gaier write: A controversy has developed in recent years concerning the form of verdict sheets with regard to damages in wrongful death actions. Specifically, a question has arisen with respect to whether the verdict sheet should have specific interrogatories inquiring as to the wrongful death damages to be awarded to each of the decedent's distributees.
12 minute read

New York Law Journal

Pre-Action Discovery: The Underutilized Legal Remedy

Potential plaintiffs, armed only with a set of facts that evidence wrongdoing and damages, can petition under CPLR 3102(c) for judicial assistance in framing complaints and identifying defendants.
9 minute read

New Jersey Law Journal

TRUSTS & ESTATES / WEALTH MANAGEMENT

This supplement covers will contests based on undue influence, estate-planning using IRAs, and the tax aspects of cryptocurrency.
1 minute read

New York Law Journal

White-Collar Crime

In this week's Special Report: "Ways Your Company May Be Drawing Criminal Health Care Fraud Scrutiny," "OFAC Sanctions: Costly … But Effective?," "The Ninth Circuit's 'Glassdoor' Decision: Grand Juries and Anonymous Speech," "'People v. Weinstein': New York Attorney General's Sharp Warning About Systemic Workplace Sexual Harassment," "The End of the Internal Investigation and the Risk of the Internal Whistleblower: Self-Disclosure in the FCPA Context" and "The Sea Change Across the Pond: UK Privilege in Internal Investigations Remains in Flux."
2 minute read

New Jersey Law Journal

The Intersection of Law 2.0 and the Lawyer as Trusted Adviser

Blind reliance upon cost-savings solutions conceived by technologists, who may have never practiced law, is fraught with danger.
8 minute read

New Jersey Law Journal

Dealing with Bad Facts and Bad Witnesses at Trial

If you spend time evaluating the problematic parts of your case, you may find that there is a viable way to turn the ugly-duckling facts into swans.
10 minute read

New Jersey Law Journal

Recent Cases Address Undue Influence in Will Contests

Unfortunately, for every Abel there is a Cain, and our elderly sometimes succumb to the desires of others to ensure their own survival.
10 minute read

The American Lawyer

Amid Gender Pay Gap Disclosures, Law Firms Keep US Data Under Wraps

Law firms are rushing to meet a deadline to disclose gender pay gap information, but the transparency ends at the U.K. border.
10 minute read

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