By Robert S. Friedman | February 8, 2019
This article examines fee-shifting options in the context of the American Rule in which parties presumptively pay their own fees regardless of the outcome, including the offer of judgment rules under FRCP 68 and CPLR 3220. Many of these opportunities are misunderstood and underutilized.
By Lucila I. M. Hemmingsen and Nathaniel E. Haas | February 8, 2019
The Appellate Division's decision in 'Daesang' is an important development for parties involved in arbitration. This decision removed the uncertainty around the attempted expansion of vacatur grounds by the lower court, thus asserting New York courts' long-standing position in favor of arbitration.
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.
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.
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."
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.
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.
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.
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.
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.
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