Special Sections

  • New York Law Journal

    What Does (and Does Not) Constitute Insurance Broker Liability in New York

    By Jeffrey L. Schulman | February 8, 2019

    There are certain circumstances under New York law in which an insurance agent or broker can be potentially liable for failing to procure coverage on behalf of its insured.

  • New York Law Journal

    Is Financed Litigation the Next Frontier for Corporate Legal Departments?

    By David Perla | February 8, 2019

    A new generation of value-driven GCs are using legal finance to pursue meritorious matters that generate cash without adding risk.

  • New York Law Journal

    E-Discovery

    By Angela Turturro | February 4, 2019

    In this Special Report: "Privacy: What You Should Know About New Laws and Their Impact on E-Discovery in U.S. Litigation," "Competent Counsel? New Technologies Change the Paradigm," "Bracing for the Big One: The Impact of the California Consumer Privacy Act on E-Discovery," "Sedona Provides Updated, Practical Guidance for Legal Holds" and "The Hague Evidence Convention's Rarely-Used Private Commissioner Provision May Be a Viable Option for Cross-Border Discovery."

  • New York Law Journal

    Sedona Provides Updated, Practical Guidance for Legal Holds

    By Jason Lichter and Matt Hamilton | February 1, 2019

    This article highlights the key provisions of the guidelines set forth by the Sedona Conference Commentary on Legal Holds, emphasizing how parties can put each to practical use to create an effective and defensible preservation program.

  • New York Law Journal

    The Hague Evidence Convention's Rarely-Used Private Commissioner Provision May Be a Viable Option for Cross-Border Discovery

    By Denise E. Backhouse and Philip M. Berkowitz | February 1, 2019

    The 'Salt River' case illustrates that with timely, effective advocacy, cross-border discovery under the Hague Evidence Convention may be accommodated within an expedited discovery schedule, a major obstacle cited by courts in the past.

  • New York Law Journal

    Privacy: What You Should Know About New Laws and Their Impact on E-Discovery in U.S. Litigation

    By Lauren E. Aguiar, Giyoung Song and Eve-Christie Vermynck | February 1, 2019

    The increased focus on protecting personal privacy may pose a new challenge to the bounds of e-discovery in U.S. litigation as courts reconcile whether and how new data protection laws apply to a litigant's obligation to produce relevant information.

  • New York Law Journal

    Bracing for the Big One: The Impact of the California Consumer Privacy Act on E-Discovery

    By Paul Bond, Mark S. Melodia, and Mark Francis | February 1, 2019

    The California Consumer Privacy Act of 2018, which comes into force on Jan. 1, 2020, enshrines the “right of Californians to know what personal information is being collected about them,” and “to access their personal information” after it is collected. The plaintiffs' bar may attempt to use the access provisions of CCPA as a tool in their discovery arsenal. Litigators and compliance attorneys must work together against the rush to exploit the CCPA for liability purposes.

  • New York Law Journal

    Competent Counsel? New Technologies Change the Paradigm

    By Julia Brickell | February 1, 2019

    It is well past time for lawyers to put aside the notion that legal prowess is sufficient. Forward-thinking counsel must constantly inquire about the impact and efficacy of increasingly powerful technologies and align with those who have requisite expertise—be it in security or statistics or computer science or data science or some other aspect.

  • New York Law Journal

    White-Collar Crime

    By Angela Turturro | January 28, 2019

    In this Special Report: "The Government's New Tool Against Insider Trading," "Understanding Joint Defense Agreements: The Implications for White-Collar Defendants in the Second Circuit," "Substantial Differences in Substantial Assistance Within the Second Circuit," "Insider Trading Enforcement Intensifies Across Markets and Regulators" and "Are We Boring Juries to Death? The Delivery of Federal White-Collar Jury Instructions Should Be Criminal."

  • New York Law Journal

    The Government's New Tool Against Insider Trading

    By Robert S. Frenchman and Kedar S. Bhatia | January 25, 2019

    In two recent criminal cases involving insider trading based on non-public information from government agencies, prosecutors in the Southern District of New York have resurrected an old statute for a new purpose. The novel use of a 19th century statute arms the government with a new and potent weapon for prosecuting insider trading cases.

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