By Tom McParland | May 5, 2021
The move, which would allow a neutral referee to make determinations about what potential evidence can be reviewed by investigators, comes amid what observers expected to be a sticky legal battle over what attorney-client privileges may attach to Giuliani.
New York Law Journal | Analysis
By Elliott Scheinberg | April 23, 2021
This second part of a two-part article on the appealability of evidentiary rulings and orders from in limine motions continues with in limine motions to preclude or permit expert witnesses, including preclusion applications grounded on inadequate disclosure.
New York Law Journal | Analysis
By Elliott Scheinberg | April 22, 2021
The nonappealability of evidentiary rulings and orders from in limine motions, even when made on notice, are exceptions to the general rule regarding appeals as of right as set forth in CPLR 5701(a)(2).
New York Law Journal | Analysis
By Corinne Ball | April 21, 2021
In her Distress Mergers and Acquisitions column, Corinne Ball discusses recent rulings from the Bankruptcy Court for the District of Delaware, which highlight the risk of relying on the "two hats" doctrine to protect attorney-client privilege covering communications involving shared personnel.
By Tom McParland | April 9, 2021
The decision came just one day before U.S. District Judge Colleen McMahon is set to officially step down as chief judge and assume senior status on the Manhattan federal court.
By Tom McParland | April 8, 2021
A gamble—to share the core of their client's defense with the U.S. Attorney's Office—resulted in a nolle pros letter in an accounting fraud case defended by a team of Wilmer and Cleary Gottlieb lawyers.
New York Law Journal | Analysis
By David M. Barshay and Steven J. Neuwirth | April 7, 2021
In this edition of their No-Fault Insurance Law Wrap-Up, David M. Barshay and Steven J. Neuwirth provide an update on a prior split between the Appellate Terms in the First and Second Departments concerning exhaustion of the policy limits, and discuss decisions involving conflicts of law and discoverability of a special investigative unit (SIU) file, respectively.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | April 5, 2021
As text and app messaging and online communication platforms such as Slack continue to supplement—and supplant—email communications in the workplace, parties and courts need to consider these technologies' impact on document preservation and production obligations. A recent decision provides clues on how courts may treat such electronically stored information. Christopher Boehning and Daniel J. Toal discuss the case in this edition of their Federal E-Discovery column.
By Ryan Tarinelli | April 5, 2021
It argues that Rochester's police department has a decades-long history of racist and inhumane use-of-force practices.
By Tom McParland | March 29, 2021
The main debate Monday centered on what evidentiary weight those statements should have, with both sides trimming more sweeping declarations made earlier in the litigation.
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