Edward M Spiro

February 16, 2018 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul analyze a decision by U.S. District Judge Katherine Polk Failla, in which she discusses a surprising gap in judicial immunity accorded to New York state judges, ultimately dismissing the claims against a judge on alternative grounds.

By Edward M. Spiro and Judith L. Mogul

9 minute read

December 20, 2017 | New York Law Journal

Southern District Civil Practice Roundup columnists Edward M. Spiro and Judith L. Mogul discuss a recent decision in which the court's particularized analysis of the Fifth Amendment in the specific context presented, as well as its procedural considerations, provide useful guidance for counsel whose clients seek to invoke or limit the invocation of the privilege in civil litigation.

By Edward M. Spiro and Judith L. Mogul

9 minute read

October 16, 2017 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss a recent decision that examined the question of what jurisdictional contacts are necessary to obtain discovery from a nonparty through a subpoena served pursuant to 28 U.S.C. §1782, which authorizes a court to order discovery for use in a foreign proceeding.

By Edward M. Spiro and Judith L. Mogul

9 minute read

August 14, 2017 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: On May 12, 2017, the United States settled its asset forfeiture and money-laundering case against Prevezon Holdings just days before that case was scheduled to go to trial, with both sides claiming the $5.9 million settlement as a victory. The facts behind 'U.S. v. Prevezon Holdings' were the stuff of spy novels, but the far from headline-grabbing questions concerning application of the hearsay rule to foreign records the government intended to introduce at trial also led to a hearsay analysis of note.

By Edward M. Spiro and Judith L. Mogul

10 minute read

June 19, 2017 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Although a party or witness in civil litigation may invoke the Fifth Amendment, such invocation often comes at a high price, because, in contrast to the criminal context, the finder of fact in a civil case may draw an adverse inference against the party or witness who declines to provide evidence based on the Fifth Amendment privilege against self-incrimination. Recent decisions from the Southern District address when and how the Fifth Amendment can be invoked in civil litigation, and the ramifications to litigants when parties and non-party witnesses avail themselves of that privilege.

By Edward M. Spiro and Judith L. Mogul

20 minute read

April 17, 2017 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul, write: Almost 25 years after the Supreme Court's decision in 'Daubert v. Merrill Dow Pharmaceuticals', recent cases in the Southern District of New York continue to demonstrate the wide latitude that the Daubert standard affords to judges ruling on the admissibility of expert testimony, even on subjects previously accepted as valid grounds for expert opinion.

By Edward M. Spiro and Judith L. Mogul

21 minute read

February 17, 2017 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Following the U.S. Supreme Court's May 2016 decision in 'Spokeo v. Robins', courts have been re-examining whether plaintiffs seeking statutory damages, particularly under various consumer protection laws, have Article III standing to pursue their claims. With guidance from the Second Circuit's post-'Spokeo' decision in 'Strubel v. Comenity Bank', courts in the Southern District of New York are beginning to flesh out the new approach to standing in such cases.

By Edward M. Spiro and Judith L. Mogul

19 minute read

December 21, 2016 | New York Law Journal

In their Southern District Civil Practice Roundup column, Edward M. Spiro and Judith L. Mogul discuss a pair of recent cases that shed light on the parameters of the litigation privilege, and the narrow exceptions that litigants have been able to exploit. As they note, "when civil litigation turns ugly, it sometimes devolves into allegations of defamation not just between the parties, but against their lawyers as well. In light of the broad privilege cloaking statements made in the litigation process, the incidence of defamation allegations against lawyers is surprising."

By Edward M. Spiro and Judith L. Mogul

15 minute read

October 17, 2016 | New York Law Journal

Southern District Civil Practice Roundup columnists Edward M. Spiro and Judith L. Mogul discuss a decision earlier this year by Southern District Judge Katherine B. Forrest ordering disclosure of litigation-related communications with a public relations firm. That decision surveys the relevant case law and underscores both the substantive and procedural requirements for maximizing the chances that such communications will not be delivered into the hands of a litigation adversary.

By Edward M. Spiro and Judith L. Mogul

17 minute read

August 15, 2016 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss two recent decisions, one which disqualified a small firm, notwithstanding its immediate creation of a substantial ethical wall when a lawyer with a conflict joined the firm, and another that denied a motion to disqualify where a large firm concurrently represented both sides of a litigation.

By Edward M. Spiro and Judith L. Mogul

55 minute read