March 26, 2024 | New Jersey Law Journal
Proposed Amendments to Federal Rules of Evidence Leave Much Uncertain"This is to demonstrate that the appropriate use of illustrative aids, demonstrative evidence, and summaries of voluminous materials remains unclear," write Michael A. Kaplan and Christopher Dernbach of Lowenstein Sandler.
By Michael A. Kaplan and Christopher Dernbach
7 minute read
March 13, 2023 | New York Law Journal
Artificial Intelligence Cannot Substitute for Actual Legal IntelligenceThe legal limitations and pitfalls of ChatGPT and the use of automated intelligence in the legal industry.
By Michael A. Kaplan, Raymond S. Cooper and Ruth Fong Zimmerman
8 minute read
December 14, 2022 | New York Law Journal
Are Expert Reports Admissible Evidence or Inadmissible Hearsay?One issue on which there is neither an applicable rule nor settled law is whether expert reports are admissible at trial—not in lieu of, but in addition to, expert testimony. Courts have gone both ways on this issue.
By Michael A. Kaplan and Mikayla R. Berliner
8 minute read
November 03, 2021 | New York Law Journal
Proposed Amendment to FRCP 7.1 Aims To Promote Early Resolution of Complex Diversity Jurisdiction Questions, But at What Expense?This Proposed Rule aims to resolve questions of diversity before time and resources are wasted litigating claims that have no constitutional basis for being heard in federal court. Beyond the surface of its sensible purpose, however, lies genuine cause for concern.
By Michael A. Kaplan, Rebecca J. Ryan and Jessica M. Terry
8 minute read
February 10, 2021 | New York Law Journal
Strategic Considerations in Bankruptcy Discovery: Rule 2004's Limitations in Light of the Pending Proceeding RuleThe power to commence a Rule 2004 examination, commonly compared to a "fishing expedition," is not unchecked. The principal limitation is the so-called pending proceeding rule, which prevents a party from using Rule 2004 to obtain discovery that would not be available under the Federal Rules of Civil Procedure.
By Michael A. Kaplan, Rasmeet K. Chahil and Amanda K. Cipriano
7 minute read