Robert S Friedman

February 08, 2019 | New York Law Journal

This article examines fee-shifting options in the context of the American Rule in which parties presumptively pay their own fees regardless of the outcome, including the offer of judgment rules under FRCP 68 and CPLR 3220. Many of these opportunities are misunderstood and underutilized.

By Robert S. Friedman

9 minute read

February 14, 2017 | New York Law Journal

Robert S. Friedman and James Salem of Sheppard Mullin Richter & Hampton write: Under the Defend Trade Secrets Act, the basic elements of a typical trade secret litigation are not much altered, especially in states in which the Uniform Trade Secrets Act has been in place for years. However, as more cases are filed under the DTSA, some of the new tools and strategies that the DTSA now makes available to New York-based business litigators are becoming more apparent.

By Robert S. Friedman and James Salem

17 minute read

February 25, 2013 | New York Law Journal

Sheppard Mullin Richter & Hampton's Robert S. Friedman and Mark E. McGrath review recent decisions from New York courts that continue to use the sliding scale of interactivity to determine whether websites can provide a basis for personal jurisdiction, along with the traditional indicia of doing business, namely, the totality of connections with New York.

By Robert S. Friedman and Mark E. McGrath

21 minute read

April 07, 2008 | New York Law Journal

Robert S. Friedman, a partner at Kelley Drye & Warren, and Mark E. McGrath, a senior associate at the firm, write that courts are wrestling with many issues and modes of business not contemplated by the lawmakers and judges who created and originally interpreted the laws. Whether it is several e-mail communications or $32.97 of sales via an interactive Web site, it appears that jurisdictional barriers continue to fall as e-commerce becomes more fluid.

By Robert S. Friedman and Mark E. McGrath

19 minute read

June 15, 2009 | New York Law Journal

Robert S. Friedman, a partner at Kelley Drye & Warren, and Mark E. McGrath, a senior associate at the firm, discuss recent decisions involving personal jurisdiction and electronic contacts, along with how courts are handling jurisdictional questions attendant to the next generation of technology, such as forms of "cloud computing," including virtual data rooms and social networks. As these technologies continue to develop and opportunities arise to increase revenue, companies risk having to defend themselves in far-off jurisdictions never before contemplated.

By Robert S. Friedman and Mark E. McGrath

17 minute read