Edward M Spiro

October 11, 2019 | New York Law Journal

In recent years, numerous states have enacted laws to deter so-called "SLAPP" suits—i.e., strategic lawsuits against public participation. Although New York has enacted an anti-SLAPP law, its protections are weak as compared to the anti-SLAPP laws in other states. In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss 'National Jewish Democratic Council v. Adelson', in which Judge Oetken recently addressed—and rejected—several challenges to one of those expansive anti-SLAPP statutes, the Nevada statute.

By Edward M. Spiro and Christopher B. Harwood

10 minute read

August 22, 2019 | New York Law Journal

Parties to pending or contemplated foreign proceedings potentially can use 28 U.S.C. §1782 to obtain broad discovery from U.S. persons for use in their foreign proceedings. Courts will deny §1782 discovery, however, if the petitioner fails to establish that it satisfies certain mandatory requirements found in the language of the statute. In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision by U.S. District Judge Jed S. Rakoff denying a petition seeking §1782 discovery for failure to satisfy the statutory requirements.

By Edward M. Spiro and Christopher B. Harwood

11 minute read

June 17, 2019 | New York Law Journal

In their Southern District Civil Practice Roundup column, Edward Spiro and Christopher Harwood discuss the recent cases 'Barbini v. First Niagara Bank' and 'In re Keurig,' where Judge Nelson Roman and Magistrate Judge Henry Pitman addressed difficult privilege issues often arising in litigation such as evaluating whether a party has impliedly waived privilege through its litigation conduct, and the extent to which a party can use a privileged document that has been inadvertently produced.

By Edward M. Spiro and Christopher B. Harwood

10 minute read

April 15, 2019 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss the court's recent decision in 'Otto v. Hearst Communications', which tackles whether all material representations made during a settlement conference must be truthful and whether a lawyer can be sanctioned for misrepresenting a material fact during a settlement conference.

By Edward M. Spiro and Christopher B. Harwood

10 minute read

February 15, 2019 | New York Law Journal

In this Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision, 'Rogue Wave Software v. BTI Systems', writing: It is no longer a given that courts will vacate sanctions orders as part of a settlement. Rather, courts will balance the relevant interests at stake, and the more egregious the conduct leading to a sanctions order, the less likely it is that a court will vacate it.

By Edward M. Spiro and Christopher B. Harwood

8 minute read

December 16, 2018 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward Spiro and Judith Mogul discuss Chief Judge Colleen McMahon's recent decision in 'Nike v. Wu', which applied certain general principles of specific jurisdiction to the New York activities of a group of foreign banks against whom discovery was sought in the Southern District of New York in connection with a judgment enforcement proceeding.

By Edward M. Spiro and Judith L. Mogul

10 minute read

October 15, 2018 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss a recent decision from Judge Robert W. Sweet which addresses the press's application to unseal potentially salacious documents covered by a protective order in an action concerning allegations of sexual abuse.

By Edward M. Spiro and Judith L. Mogul

8 minute read

August 20, 2018 | New York Law Journal

New York's economic loss rule, which acts as a check on asserting tort claims for purely economic damages, has long confounded practitioners.

By Edward M. Spiro and Judith L. Mogul

9 minute read

June 18, 2018 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss the impact of the proportionality requirements in the Federal Rules of Civil Procedure on extension of discovery deadlines.

By Edward M. Spiro and Judith L. Mogul

1 minute read

April 16, 2018 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss Judge Pauley's detailed and thorough analysis in 'United States v. Prevezon Holdings', which provides valuable insights for counsel negotiating and seeking to enforce settlement agreements.

By Edward M. Spiro and Judith L. Mogul

10 minute read