Brian J Fischer

May 07, 2018 | New York Law Journal

it behooves any good litigator to take great care to dissect the idea misappropriation elements in as much detail as possible to ensure her client the best likelihood of success.

By Brian J. Fischer and Gretchen O. Stertz

8 minute read

June 06, 2016 | Corporate Counsel

At any moment, without warning, almost any company or financial institution could find itself facing a nationwide barrage of parallel private and regulatory lawsuits and investigations— all arising out of the same business practice or basic facts.

By Katya Jestin, Brian J. Fischer and R. Trent McCotter

8 minute read

May 10, 2016 | New York Law Journal

Brian J. Fischer and Justin O. Spiegel write that of the two most significant changes to the Federal Rules of Civil Procedure, the change to Rule 26(b)(1) appears to have done little but provide another tool for courts to limit patently overbroad discovery requests, but the amended spoliation standard has, at least for some courts, truly set the ESI sanctions bar higher, and for other courts, forced a heavier reliance on inherent judicial authority to justify the imposition of sanctions.

By Brian J. Fischer and Justin O. Spiegel

11 minute read

August 09, 2007 | New York Law Journal

Harry Sandick, a partner at Jenner & Block, and Brian J. Fischer, an associate at the firm, write that although a recent decision in United States v. Stein speaks only to the special situation that exists when a company has entered into an agreement with the government that commits the company to produce documents on the government's request, Judge Kaplan's opinion raises the broader question about whether United States v. Nixon has been too reflexively applied.

By Harry Sandick and Brian J. Fischer

14 minute read

February 05, 2010 | Law.com

In Pension Committee of the University of Montreal Pension Plan v. Banc of America Securities -- christened "Zubulake Revisited: Six Years Later" -- Southern District of New York Judge Shira A. Scheindlin provides an analytical framework for litigators to assess their e-discovery performance and judges to calibrate sanctions. Attorneys Martina E. Vandenberg and Brian J. Fischer boil the opinion down to a laundry list of do's and don'ts for litigators handling pre-trial discovery.

By Martina E. Vandenberg and Brian J. Fischer

9 minute read