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New York Law Journal

Section 1782 is a Little-Known Superpower for Foreign Litigants

Litigants outside the U.S. are finding the use of 28 U.S.C. §1782 can be a secret weapon that leads to victory. Yet many don't recognize or realize the power the section provides. It can be used to provide documents and testimony from U.S. residents and corporations that often aid a case in a foreign court. However, a Section 1782 filing can be a complex process and even those who are aware of Section 1782 are unsure how to find success with its use. Lori Marks-Esterman of Olshan explains why they are used, some of the complexities involved and how they can help those outside the U.S. obtain information that may ultimately help lead to successful outcomes.
5 minute read

New York Law Journal

Court Rules on Rap Videos, Child's Victims Act and Prisoner's Claims

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge DeArcy Hall denied the government's motion to introduce rap videos featuring the defendant at trial. Judge Block held that plaintiff's New York City Human Rights Law claim was revived by the Child Victim's Act. Judge Matsumoto dismissed a prisoner's claims and limited future in forma pauperis filings.
8 minute read

New York Law Journal

SEC 'Neither-Understands/Nor-Cares' About Realities of Settlement Gag Rule

This article examines the SEC's no-admit/no-deny rule through the lens of the SEC's recent denial of a request to modify the rule filed by an external advocacy organization and concludes that the SEC should have given more consideration to amending the rule.
16 minute read

New York Law Journal

Do Cry for Us, Justice Brandeis!

In his Matrimonial Practice column, Timothy M. Tippins discusses a recent ex cathedra assault on due process that should evoke concern, if not outrage, from the entire profession.
14 minute read

New York Law Journal

CPLR 2106 Amended to Permit Any Person to Submit an Affirmation in Lieu of an Affidavit (Part 2)

In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
13 minute read

New York Law Journal

Arbitration: The Solution to the Cannabis Industry Regulatory Morass

Myrna Barakat Friedman highlights the benefits of arbitration for resolving disputes in the cannabis industry in light of the federal prohibition.
8 minute read

New York Law Journal

Recent Law Journal Column Offers Timely Analysis of Law School Curricula

For instance, law schools could more pointedly offer interdisciplinary rule-of-law—and pedagogy as broadly as they have included law—and subjects within their curricula, a Law Journal columnist writes.
2 minute read

New York Law Journal

Mortgage Contingency Clauses; Riparian Rights: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Mason v. Pembroke NY," where a purchaser breached contract by failing to comply with mortgage contingency clause in applying for a larger mortgage than permitted by the clause, and the riparian rights case "Talmidov Inc. v. Marina Holding Corp" involving an action for quiet title, ejectment, trespass and a declaration of easement by necessity relating to land submerged by a body of water near the Sheepshead Bay neighborhood of Brooklyn.
19 minute read

New York Law Journal

When Global Reach Can Mean Global Breach

Responding to data breaches involving personal data from across the globe has many moving pieces and specific timing requirements. These pieces must be in place and fit together in order for the incident response process to work as seamlessly as the client expects.
8 minute read

New York Law Journal

The Mootness Doctrine

Because "mootness is a doctrine related to subject matter jurisdiction," it may be raised at any point in the litigation, and will be raised by the court on its own motion whenever it detects a potential mootness issue. The parties to an appeal should therefore notify the court whenever a change in circumstances may render an appeal moot.
9 minute read

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