Edward M Spiro

April 21, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Relying on his 20 years on the bench and 24 years in private practice, U.S. Southern District Judge Lewis A. Kaplan issued two decisions this year commenting on the lack of effective adversarial testing of proposed fee applications following securities class action settlements, and stressing the fiduciary obligation of the court to exercise stewardship over settlement funds in that circumstance.

By Edward M. Spiro and Judith L. Mogul

11 minute read

April 20, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: Relying on his 20 years on the bench and 24 years in private practice, U.S. Southern District Judge Lewis A. Kaplan issued two decisions this year commenting on the lack of effective adversarial testing of proposed fee applications following securities class action settlements, and stressing the fiduciary obligation of the court to exercise stewardship over settlement funds in that circumstance.

By Edward M. Spiro and Judith L. Mogul

11 minute read

February 18, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul analyze three recent decisions that expose some common misconceptions regarding the attorney-client privilege and the work product doctrine and offer valuable guidance on how to establish and preserve those protections.

By Edward M. Spiro and Judith L. Mogul

12 minute read

February 17, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul analyze three recent decisions that expose some common misconceptions regarding the attorney-client privilege and the work product doctrine and offer valuable guidance on how to establish and preserve those protections.

By Edward M. Spiro and Judith L. Mogul

12 minute read

December 18, 2014 | New York Law Journal

In their Southern District Civil Practice Roundup column, Edward M. Spiro and Judith L. Mogul discuss a number of rulings by Southern District judges on discovery disputes that offer instructive commentary on the scope of permissible discovery.

By Edward M. Spiro and Judith L. Mogul

10 minute read

October 21, 2014 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: As several recent decisions make clear, failure to observe even the most technical aspects of FRCP 45 can result in a subpoena being quashed, and the more substantive provisions may require parties to make important tactical decisions about how to present evidence at trial.

By Edward M. Spiro and Judith L. Mogul

10 minute read

August 26, 2014 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write that the Supreme Court's recent decision in 'Daimler v. Bauman,' calls into question whether certain long-held assumptions about the reach of New York's general jurisdiction statute are consistent with due process, and its impact is already evident in decisions from the U.S. District Court for the Southern District of New York.

By Edward M. Spiro and Judith L. Mogul

11 minute read

June 17, 2014 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write that consolidating multiple complex litigations in a single forum pretrial offers considerable benefits in terms of efficiency and cost, but concentrates risk as well, and not all cases can be transferred back to their original jurisdictions for trial. A party, through litigation conduct, can waive its right to transfer in those cases where the rules would otherwise have permitted it. Apple's recent experience is a case in point.

By Edward M. Spiro and Judith L. Mogul

12 minute read

April 15, 2014 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul, principals of Morvillo Abramowitz Grand Iason & Anello, write that a recent decision by Judge Paul G. Gardephe rejects the notion that the "law office" protection from disclosure extends to an attorney's witness interview notes and serves as a reminder that the zone of protection for a lawyer's own records carved out by 'Sage Realty' is a narrow one.

By Edward M. Spiro and Judith L. Mogul

11 minute read

February 18, 2014 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul of Morvillo Abramowitz Grand Iason & Anello write: Defining SLUSA's reach has been a continual battleground between plaintiffs and defendants, the latest front of which concerns the question of what constitutes a "covered class action" under SLUSA, with courts giving that threshold term a surprisingly expansive meaning.

By Edward M. Spiro and Judith L. Mogul

11 minute read