By Jasmine Floyd | August 17, 2021
"This was a case where the defendant tried to avoid liability by blaming the victim and pointing the finger at someone else. That strategy backfired on the defendant," attorney Samuel Coffey said.
By Jasmine Floyd | August 16, 2021
"In the Taubenfeld decision, Judge Gross has taken the bitter herbs of this commercial dispute and taught a brilliant lesson about pleading causes of action for breach of fiduciary duty, conversion and aiding and abetting," attorney Bruce Rogow said.
By Jasmine Floyd | August 9, 2021
The defense argued the plaintiff had suffered no injury, because she had not been receiving treatment.
By Ryan Tarinelli | August 5, 2021
The law firm Davis Polk & Wardwell is leading the impeachment investigation and gave Cuomo's legal team an Aug. 13 deadline to present any extra evidence.
By Ryan Tarinelli | Jane Wester | August 4, 2021
"While it turns out the response was never published, I made it very clear that any response should never shame an accuser," Kaplan said in a statement.
New York Law Journal | Analysis
By Michael J. Hutter | August 4, 2021
In New York federal court actions, FRE 612 and federal court decisions interpreting it provide guidance regarding disclosure of documents to witnesses. However, in New York courts, in the absence of a governing statutory provision and Court of Appeals precedent, there is less clarity than in federal court. In this edition of his Evidence column, Michael J. Hutter discusses a recent federal court decision tackling some of the issues that arise.
New York Law Journal | Analysis
By Lanier Saperstein and Samuel Hickey | August 3, 2021
Section 6308 of the Anti-Money Laundering Act of 2020 expands the authority of the Departments of Treasury and Justice to seek and obtain banking records located abroad, while limiting the ability of foreign financial institutions to oppose production of those documents. In this article, the authors discuss why they believe §6308 was not intended to upend traditional processes designed to respect the sovereignty of foreign nations.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | August 2, 2021
In a recent column in the New York Law Journal, Professor Michael Hutter raised the question of whether New York should adopt FRE 803(18), the Federal Rule of Evidence pertaining to the admissibility at trial of statements contained in treatises, periodical or pamphlets. Hutter's position was that adoption of the rule would be "a progressive step forward." In this edition of their Medical Malpractice column, Thomas Moore and Matthew Gaier explain why they "respectfully disagree."
New York Law Journal | Analysis
By Jessica Copeland and Riane Lafferty | July 29, 2021
In this edition of their Western District Roundup, Jessica Copeland and Riane Lafferty explore two decisions involving important discovery issues: waiver of work product privilege by disclosure to third parties and discovery sanctions.
By Meghann M. Cuniff | July 29, 2021
Avenatti's lawyering is so central to the criminal case against him that trial testimony so far also is testing the divide between crimes and malpractice.
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