Judith L Mogul

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

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