Judith L Mogul

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

December 17, 2013 | 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: International comity arises in a variety of contexts. Three recent decisions from the U.S. District Court for the Southern District of New York explore this doctrine in connection with requests for discovery in aid of foreign litigation and in assessing the impact of a foreign insolvency proceeding on litigation in this district.

By Edward M. Spiro and Judith L. Mogul

12 minute read

April 16, 2013 | 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 trio of recent Southern District cases is a reminder that while many litigants will reach to satisfy the requirements of the diversity statute in order to have their cases heard in federal court, the courts themselves are less anxious to stretch the bounds of such jurisdiction and will resist novel theories and conclusory allegations pertaining to the dual requirements of complete diversity and amount in controversy.

By Edward M. Spiro and Judith L. Mogul

11 minute read

October 16, 2013 | 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, review a recent decision in which Judge Jed S. Rakoff held that the separate entity rule survives the Court of Appeals 2009 decision in 'Koehler' and protects banks subject to personal jurisdiction in New York from being ordered to restrain or turn over a judgment debtor's assets held by branches outside the jurisdiction.

By Edward M. Spiro and Judith L. Mogul

9 minute read

February 19, 2013 | New York Law Journal

In their Southern District Civil Practice Roundup, Morvillo Abramowitz Grand Iason & Anello principals Edward M. Spiro and Judith L. Mogul review a recent case that serves as a warning that the conduct of a single covered individual can jeopardize coverage for the entire group of insureds in a way few might have anticipated.

By Edward M. Spiro and Judith L. Mogul

11 minute read

October 24, 2011 | Legaltech News

Attorneys Edward M. Spiro and Judith L. Mogul address the question of whether lawyers must help clients assess the risks of sending emails from work systems or devices.

By Edward M. Spiro and Judith L. Mogul

13 minute read