By Andrea L. D'Ambra and Susana Medeiros | February 10, 2022
While line-by-line designations may make a lot of sense for smaller cases, for larger matters where only a small fraction of the documents reviewed and produced are ever used in motions or trial, parties should focus the expense of line-by-line designations on the documents that really matter.
By Meghann M. Cuniff | February 9, 2022
The decision from U.S. District Judge Paul Gardephe distinguishes between the prosecution teams in New York and California, a crucial legal finding as Avenatti pursues appeals.
By Jasmine Floyd | February 9, 2022
"We wanted to conduct discovery before we went into the injunction hearing, so we did a document request, and deposed about 20 people before we went to the injunction hearing. That was a unique strategy in terms of noncompete cases and how they developed," attorney Alan Rosenthal said.
By Marianna Wharry | February 8, 2022
In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit followed Second Circuit guidance in concluding that exigent circumstances can justify law enforcement's access to a defendant's cellphone "pings," or GPS location, and call logs—even after failing to obtain a warrant.
By Jasmine Floyd | February 7, 2022
"We received the defendants' sales data during discovery, and were able to calculate what percentage—and volume and amount—of their sales, year over year, were to our customers," attorney Eric Isicoff said.
By Jasmine Floyd | February 3, 2022
A jury convicted the buyer of criminal charges over the real estate transaction, but the seller failed to provide sufficient evidence to support her award of attorney fees.
By Allison Dunn | February 3, 2022
In a case of first impression, the New Mexico Court of Appeals departed from federal precedent this week in siding with a defendant who argued that a police inventory search of a locked gun safe in his vehicle violated his state protections against unreasonable search and seizure.
By Jasmine Floyd | January 31, 2022
The claim by Carolco Television centered on a Telemundo series that used a character developed in an earlier show. An 11th Circuit panel said the case should be decided under production agreements between the litigants.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | January 31, 2022
One area of statutory privilege that has implications for medical malpractice actions is that relating to hospital quality assurance review and malpractice prevention programs under Education Law §6527(3), Public Health Law §2805-j and Public Health Law §2805-m. The statutes, however, exempt from privilege statements made by a party in an action that is the subject of the review. This exception has been addressed in various appellate decisions. In their Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several of the decisions.
New York Law Journal | Analysis
By Jessica Copeland and Riane Lafferty | January 28, 2022
'Richard' provides a good refresher on the importance of preserving documentary evidence and the different standards surrounding preservation of documentary evidence, as compared to ESI. 'Schafer' includes an interesting discussion of what constitutes sufficiently clear and conspicuous language in a consumer contract. 'Braun' provides guidance on a law firm's obligations under the Fair Debt Collection Practices Act.
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