Edward M Spiro

February 05, 2009 | New York Law Journal

Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, write that a recent ruling marks a day of reckoning for those civil litigators who thought they could avoid learning about electronic discovery. While hardly the sexiest aspect of 21st century litigation, they say that the time has run out for those who had hoped never to have to understand what "metadata" is, let alone to explain why they are entitled to obtain it or avoid its production.

By Edward M. Spiro and Judith L. Mogul

13 minute read

August 03, 2006 | New York Law Journal

Edward M. Spiro, a principal of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, PC, writes that Judges Denny Chin and Robert W. Sweet each recently issued decisions addressing threshold issues relating to standing to bring derivative actions, one opening the door and one closing it.

By Edward M. Spiro

14 minute read

June 01, 2006 | New York Law Journal

Edward M. Spiro, a principal of Morvillo, Abramowitz, Grand, Iason & Silberberg, writes that in recent months, Supreme Court Justice John Paul Stevens has twice referred to the interment and burial of the doctrine that stands for the proposition that federal district courts lack subject matter jurisdiction over cases which seek review and reversal of unfavorable state-court judgments, because jurisdiction over such appeals is vested exclusively in the Supreme Court under 28 USC �1257.

By Edward M. Spiro

14 minute read

October 01, 2009 | New York Law Journal

Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, say the preliminary injunction is a potent weapon that courts are hesitant to unleash against former employees absent clear evidence that the new employment poses a real risk that confidential information will be divulged. The existence of a written non-compete agreement can be an important factor, however, they caution that an employer seeking a preliminary injunction must also come armed with concrete evidence of the harm it claims it will suffer in the absence of an injunction.

By Edward M. Spiro and Judith L. Mogul

13 minute read

February 02, 2006 | New York Law Journal

Edward M. Spiro, a principal of Morvillo, Abramowitz, Grand, Iason & Silberberg, analyzes attorney-client privilege disputes which arose during discovery in a recent Southern District case, including who precisely enjoyed the attorney-client relationship and who controlled the application of the privilege when some individuals were board members or officers of both parties.

By Edward M. Spiro

12 minute read

October 05, 2005 | New York Law Journal

Edward M. Spiro, a principal of Morvillo, Abramowitz, Grand, Iason & Silberberg, writes that defendants fighting multifront battles against prosecutors, regulators and class-action plaintiffs may welcome the temporary respite and chance to focus provided by a stay of discovery in the civil litigation, but in other instances, the broader discovery available in the civil proceeding may provide a strategic advantage.

By Edward M. Spiro

13 minute read

December 01, 2010 | New York Law Journal

In their Southern District Civil Practice Roundup, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer principals Edward M. Spiro and Judith L. Mogul discuss the recent changes to the Federal Rules of Civil Procedure that provide a significant zone of work product protection for attorney-expert communications which has not existed since 1993 and recognize, for the first time, the importance of providing limited expert discovery from fact witnesses who may also give expert testimony.

By Edward M. Spiro and Judith L. Mogul

14 minute read

October 07, 2004 | New York Law Journal

Edward M. Spiro, a principal of Morvillo, Abramowitz, Grand, Iason & Silberberg, reports that several recent federal court decisions have brought to the fore a question of some importance in determining the advisability of utilizing arbitration to resolve disputes: To what extent may discovery be obtained from non-parties in arbitration proceedings?

By Edward M. Spiro

12 minute read

October 02, 2008 | New York Law Journal

Edward M. Spiro and Judith L. Mogul, principals of Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, analyze recent cases which indicate that Southern District judges have heeded the Second Circuit's directive to engage in a more probing, robust analysis of the requirements for certifying a class under Rule 23. It is likely that at least in the short run, these rulings will result in more, rather than less litigation as class-action participants engage in a legal tug of war to pull their cases over the dividing line between cases that turn on individualized questions and those where classwide determinations will predominate. In the long run, this heightened supervision of class litigation may result in greater efficiencies for both sides of the class action divide.

By Edward M. Spiro and Judith L. Mogul

13 minute read

April 02, 2009 | New York Law Journal

Edward M. Spiro and Judith L. Mogul, principals at Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, ask: Just how far does the work product doctrine go in shielding an attorney's thought processes from discovery in federal litigation? Courts, they say, have recognized an aspect of the work product doctrine that goes beyond protecting documents which were themselves prepared in contemplation of litigation, to protect, in some instances, documents from other sources that have been selected and compiled by the attorney in such a way as to reflect the attorney's litigation strategy.

By Edward M. Spiro and Judith L. Mogul

14 minute read