By Jane Wester | December 15, 2020
Manhattan Supreme Court Justice Arthur Engoron, revisiting a previous decision, changed course, saying the Trump family business wasn't entitled to keep from James' office communications it has with an engineer on development projects including one in Westchester County.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | December 14, 2020
While courts generally cloak mediation with a fair degree of confidentiality, this protection is not absolute and courts have disagreed whether a party seeking discovery of materials relating to a confidential private mediation (as distinct from a court-sponsored mediation) must make a heightened showing of need. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case that addressed this issue.
By Philip Favro, Driven | December 14, 2020
After In re Valsartan, responding parties may be wary of ESI protocols with detailed TAR disclosure obligations.
By Jane Wester | December 11, 2020
Lawyers for President Donald Trump argued that the Southern District has been divested of jurisdiction in author E. Jean Carroll's defamation case while the issue of whether Trump personally or the U.S. Justice Department will defend the matter is on appeal.
By Adrienne B. Koch | December 11, 2020
Although discovery in aid of a foreign proceeding under 28 U.S.C. §1782 is often granted with relative ease, recent cases illustrate that such discovery is far from automatic.
The Legal Intelligencer | Commentary
By Kyle Campbell | December 11, 2020
How will the shift to remote work affect e-discovery moving forward? In the coming year, e-discovery will be impacted by a variety of factors, including the continued expansion of data, cloud adoption, iPhone operations and more.
By Raychel Lean | December 9, 2020
This dispute over whether to depose company chairman Osamu Suzuki could lead the court to adopt a doctrine that would make it harder to depose high-ranking executives.
By Leonard Deutchman | December 3, 2020
Today, providing such advice to clients is much harder. As a result of those increased difficulties, a new service is being provided in the digital world: companies recruit advisers to school clients in which firms are best at providing what services, which digital tools provide services the best, the easiest and at the lowest cost, and which tools are the best at addressing specific issues.
By Greg Land | December 1, 2020
U.S. District Judge Amy Totenberg issued a sanctions order stating that the defendant "poisoned and burdened the entire discovery and litigation process with its conduct," and ordering it to pay "all attorney's fees and costs incurred in discovery, class certification briefing, and litigation of sanctions issues."
New York Law Journal | Analysis
By Christopher Boehning and Daniel J. Toal | November 30, 2020
The Sedona Conference has offered updated and useful resources that address the realities of modern e-discovery practice, which H. Christopher Boehning and Daniel J. Toal discuss in this edition of their Federal E-Discovery column.
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