Judith L Mogul

October 20, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write that absent congressional action, significant amendments to the FRCP will take effect on Dec. 1, aimed at improving early and active judicial case management, enhancing the means of keeping discovery proportional to the action, and encouraging increased cooperation among the parties.

By Edward M. Spiro and Judith L. Mogul

9 minute read

August 18, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul analyze a decision by Judge Colleen McMahon demonstrating that even when a business holds all the cards in drafting an arbitration agreement with its customers, it can over-play that hand.

By Edward M. Spiro and Judith L. Mogul

10 minute read

August 17, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul analyze a decision by Judge Colleen McMahon demonstrating that even when a business holds all the cards in drafting an arbitration agreement with its customers, it can over-play that hand.

By Edward M. Spiro and Judith L. Mogul

10 minute read

June 16, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: In recent weeks, Judges J. Paul Oetken and Paul A. Engelmayer each issued decisions addressing different ethical dimensions of contact between attorneys and witnesses, in one case finding that the proposed contact was impermissible, and in the other finding that counsel's lack of witness contact was problematic.

By Edward M. Spiro and Judith L. Mogul

11 minute read

June 15, 2015 | New York Law Journal

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write: In recent weeks, Judges J. Paul Oetken and Paul A. Engelmayer each issued decisions addressing different ethical dimensions of contact between attorneys and witnesses, in one case finding that the proposed contact was impermissible, and in the other finding that counsel's lack of witness contact was problematic.

By Edward M. Spiro and Judith L. Mogul

11 minute read

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