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December 02, 2024 | New York Law Journal

Ninth Circuit Rules on Inherent Authority and FRCP 37(e)

The authors write "In this space nine years ago, nearly to the day, we analyzed the newly-enacted amendments to the Federal Rules of Civil Procedure relating to e-discovery. These amendments included a new Rule 37(e), designed to govern the imposition of sanctions by a court when a party has failed to preserve electronically stored information (“ESI”), thus resolving a circuit split on the degree of culpability required for certain sanctions."
8 minute read
December 02, 2024 | New York Law Journal

The Impact of Erlinger on Predicate Felony Sentencing Statutes

The author writes "New York trial courts are sharply divided over whether a recent United States Supreme Court decision has had an impact on the manner in which predicate felony sentences may be imposed. In Erlinger v. United States, 144 S. Ct 1840 (2024), the Court determined whether certain facts, that are necessary for sentence enhancement, must be submitted to a jury and proved beyond a reasonable doubt."
11 minute read
December 02, 2024 | New York Law Journal

Spoliation Sanctions

Andrea M. Alonso and Kevin G. Faley use case law to discuss the issue of spoliation—“an issue that courts have long struggled with.”
11 minute read
December 02, 2024 | The American Lawyer

Weil Lures Laterals in Banking, Executive Comp

After some notable departures, Weil has added partners from Fried Frank and White & Case.
3 minute read
December 02, 2024 | New York Law Journal

Judicial Ethics Opinion 24-69

The Rules Governing Judicial Conduct do not prohibit a town justice from simultaneously serving as commissioner of jurors and as chief clerk of the Supreme and County Court, subject to appropriate administrative approvals.
5 minute read
December 01, 2024 | New York Law Journal

The Lawyers Picked (So Far) by Trump for Key Roles in His Second Administration

Donald Trump has nominated Todd Blanche, one of his criminal defense lawyers, to be deputy attorney general in his new administration. Blanche, an ex-Cadwalader, Wickersham & Taft partner, was a former federal prosecutor in the Southern District of New York for more than eight years.
5 minute read
November 29, 2024 | New York Law Journal

Judicial Ethics Opinion 24-68

Although a magistrates association, as well as individual judges, may publicly oppose a court reorganization that would replace local town and village courts with a district court, they may not do so by undertaking traditional “campaign activity” such as campaign advertisements, lawn signs, palm cards, or raising funds from the public.
7 minute read
November 27, 2024 | New York Law Journal

Judge Denies Sean Combs Third Bail Bid, Citing Community Safety

"The Court doubts the sufficiency of any conditions that place trust in Combs and individuals in his employ—like a private security detail—to follow those conditions,” Judge Arun Subramanian wrote in denying the motion.
3 minute read
November 27, 2024 | New York Law Journal

NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial

The Appellate Division, Third Department’s 5-0 ruling, a sweeping reversal of a lower court ruling, addressed how the South Glens Falls Central School District and others can be held liable for a student's foreseeable injuries that are proximate to inadequate supervision.
4 minute read
November 27, 2024 | New York Law Journal

A Funny Thing Happened on the Way to Becoming Clerk of the Forum

Retired Court of Appeals Judge Joseph Bellacosa recounts how he became the court's clerk and counsel—and persuaded his young family to pick up and move to Albany for the new job.
6 minute read

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Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.