Michael Hoenig

December 13, 2004 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, reports on a on a decision, virtually hot-off-the-press, which presents the danger of unfair distortion and manipulation by use of computer-generated visual aids.

By Michael Hoenig

13 minute read

August 13, 2007 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, writes that the digital age, with its breathtaking generation and accumulation of electronic files, data and information by public and private enterprises, has revolutionized how business is done, indeed, how we live and conduct our affairs. For courts, litigants and their lawyers, the challenges can be particularly acute.

By Michael Hoenig

14 minute read

November 12, 2010 | New York Law Journal

In his Products Liability column, Michael Hoenig, a member of Herzfeld & Rubin, writes that a number of discerning, courageous court rulings seem to signal an emergent, at least nascent, trend to allow "good conduct" and practical, market-based remedial solutions to substitute for and eclipse wasteful class litigation.

By Michael Hoenig

15 minute read

February 01, 2006 | Law.com

By Michael Hoenig

9 minute read

March 08, 2010 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, examines what is left of the preemption defense, considers the interesting question of whether a nonparty deponent's counsel can object or participate at the deposition, and more.

By Michael Hoenig

12 minute read

January 29, 2009 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, writes that interested counsel in multiparty cases need to be vigilant about lurking Mary Carter arrangements, secret high-lows or any partial settlements. In a recent First Department case, the court observed that the law on disclosure of settlement agreements to nonsettling parties "is unclear and presents a thorny issue," and wrote an opinion intended to be instructive on how trial courts may deal with requests for disclosure of those agreements.

By Michael Hoenig

15 minute read

March 12, 2007 | New York Law Journal

Michael Hoenig, a member of Herzfeld & Rubin, analyzes the Feb. 20 decision in Philip Morris USA v. Williams, which struck down, by a 5-to-4 vote, a nearly $80 million punitive damages award for the death of a heavy cigarette smoker which had been upheld by the Oregon courts.

By Michael Hoenig

15 minute read

April 10, 2002 | New York Law Journal

W e have previously reported 1 that New York courts deem it "settled and unquestioned law" that the opinion of a qualified expert "must be based on facts in the record or personally known to the witness." 2 Expert opinions not fulfilling these conditions are deemed "worthless," 3 unless they fall within two limited exceptions to the rule: (1) if the out-of-court material is "of a kind accepted in the profession as reliable in forming a professional opinion"; or (2) if it "comes from a witness subject to ful

By Michael Hoenig

12 minute read

January 10, 2011 | New York Law Journal

Michael Hoenig of Herzfeld & Rubin discusses how a recent appellate case concerning Starbucks has clarified the timing of removal of state court lawsuits to federal court.

By Michael Hoenig

8 minute read

May 31, 2007 | National Law Journal

The Federal Rules of Civil Procedure on e-discovery are instructive for many states. Attorney Michael Hoenig discusses the federal rules and guidelines for New York state courts on e-discovery that help reduce uncertainty in state court litigation.

By Michael Hoenig

14 minute read