By Christine Schiffner | July 20, 2022
"I try to remember that not everyone who comes through the door and works here has the innate sense of 'I am wonderful and I am going to succeed no matter what,'" Lieff Cabraser founding partner Elizabeth Cabraser says.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | June 16, 2022
It is important to allege as many facts as possible to avoid dismissal of the claim as vague or conclusory.
By Laura E. Appleby and Paige A. Naig | June 3, 2022
If the parties intend make-whole provisions to apply in a bankruptcy proceeding, they must be drafted clearly and concisely to apply. Defined terms matter.
New York Law Journal | Analysis
By Michael J. Hutter | June 1, 2022
A recent EDNY decision by U.S. Magistrate Judge James Wicks Judge Wicks is read-worthy as it provides a road-map for the assertion of the attorney-client privilege when the client as deponent is sought to be examined regarding what transpired and was said during a break in the client's deposition.
New York Law Journal | Analysis
By James K. Goldfarb, Joseph P. Facciponti and Margaret Haggerty | May 27, 2022
The ruling, though narrow because it applies to a sovereign state's use of §1782, is consistent with the Second Circuit's approach to §1782, and underscores that discovery device's usefulness.
New York Law Journal | Commentary
By Steve Cohen | May 16, 2022
"A great, great lesson is: Never stop reading your file and reading your case, because you'll constantly learn more things."
By Natalie Gordon | May 13, 2022
In this second part of a two-part article, the author addresses the concern with jurors' ability to evaluate the credibility of witnesses who testify remotely or are wearing masks (i.e., in a socially distanced courtroom), as well as to empathize with them and ensure due process (i.e., honor the presumption of innocence). Drawing again upon theory and anecdote, the author demonstrates that fears are much less palpable than originally thought.
By Mark A. Berman | May 2, 2022
Can a series of emails constitute an enforceable settlement agreement? Yes, but it depends.
New York Law Journal | Analysis
By Jessica Copeland and Riane Lafferty | April 28, 2022
This article explores a case involving the WDNY's denial of an application for a temporary restraining order and preliminary injunction enjoining the enforcement of COVID-19 mask mandates and regulations distinguishing vaccinated and unvaccinated people. It also discusses a case involving the court's denial of a motion to amend a complaint where the plaintiff asserted a new theory of liability separate and distinct from the original complaint.
New York Law Journal | Analysis
By Milton Williams and Jonathan DeSantis | April 25, 2022
It is all too easy to fall in love with your own case, but few cases are so one-sided that the other side does not have its own narrative to tell. Success in litigation requires understanding the strongest components of your opponent's case, and proactively assessing how you are going to defend against them. Not only will this facilitate a far more effective litigation strategy, but it has the added benefit of allowing you to provide your client with a far more reliable assessment of litigation risk.
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