By Colleen Murphy | January 3, 2024
"In our opinion on the first appeal, we declined defendants' request to adopt a rule where shareholders in closely held corporations are presumed to hold the privilege individually as distinct from the corporate entity," the opinion said. "We continue to decline to make that rule in this opinion."
By Colleen Murphy | December 27, 2023
"Defendants contend the judge's order compelling Costa's appearance without compliance with Swiss law violates Swiss law and the Hague Convention," the per curiam opinion said. "The Hague Convention 'allows judicial authorities' in one signatory country to obtain evidence located in another signatory country 'for use in judicial proceedings, commenced or contemplated.'"
Legaltech News | Expert Opinion
By Stephanie Wilkins | December 27, 2023
Legal industry experts make their picks for the biggest developments impacting e-discovery in the past year.
By Justin Henry | December 26, 2023
Plaintiff Zoya Kovalenko's original complaint against drew notice for inadvertently including comments that highlighted perceived weaknesses in her argument.
By Colleen Murphy | December 18, 2023
"Having reviewed the record, we discern no abuse of discretion in the trial court's determination as it relates to the counterclaims," the opinion said. "In short, ARF simply did not provide Seaside with any information that would support the counterclaims. Moreover, Seaside was prejudiced by those non-responses because without that information it could not prepare a defense or even move for summary judgment."
By Allison Dunn | December 18, 2023
"The correct application of the discovery rule will be dispositive of all of the state law claims in this case," U.S. District Judge Nathaniel M. Gorton wrote. "If the discovery rule tolls the statute of limitations, the state claims survive; if not, those claims are time-barred. Furthermore, the discovery rule as interpreted by the SJC will substantially inform this Court as to whether laches bar the two federal law claims."
By Amanda Bronstad | December 8, 2023
The deposition request, in a class action in Florida, comes one day after a federal judge ordered Zhao to remain in the United States until his sentencing on Feb. 23.
By Charles Toutant | December 4, 2023
Plaintiffs lawyer Jon Green said he heard messages of encouragement from lawyers whose clients were faced with fees of as much as $1,500 an hour in cases ranging from police civil rights to clergy sexual abuse.
By Ross Todd | November 30, 2023
Latham partner Kevin McDonough and associate Megan Behrman led an effort to gather testimony in a civil case in Nevada state court from witnesses in Portugal, Spain, South Africa, and Canada for freelance platform Toptal, whose employees have been remote since the company's founding.
New York Law Journal | Analysis
By James P. Chou and Kelly D. Schneid | November 27, 2023
This article starts with a discussion on the current CPLR 3212(b)'s legislative history and proceeds to an examination of how courts have attempted to harmonize CPLR 3212(b) with CPLR 3101(d)(1)(i) and other procedural rules intended to ensure timely and orderly process, including Commercial Division Rule 13(c), which governs expert disclosure in the commercial part, and CPLR 3126, which addresses the court's discretion in imposing sanctions for violations of a discovery order.
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