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Commercial Litigation Insider

Proposal Offers Guidance on E-Discovery From Nonparties

In an effort to provide further direction to practitioners on the subject of e-discoverable material from nonparties, an advisory committee has recommended new guidelines for adoption in New York's Commercial Division.
3 minute read

Legaltech News

FTI Survey: In-house Shops Are Tackling E-Discovery Internally

Ninety percent of in-house respondents are handling preservation and collections internally.
3 minute read

New York Law Journal

Material Misrepresentation and Voiding Policies ab Initio

In his No-Fault Insurance Law Wrap-Up, David M. Barshay, a member of Baker Sanders, reviews two recent decisions concerning the retroactive cancellation of an insurance policy based on material misrepresentation in the procurement of the policy, and a third involving the Independent Medical Examination no-show defense.
15 minute read

National Law Journal

Mesh Defendant Objects to Plaintiffs' Sanctions Bid

The plaintiffs suing Cook Medical Inc. over its pelvic mesh products have asked for sanctions because they say the defendant made a last-minute document dump that required the cancellation of a deposition of a defense witness.
2 minute read

Daily Report Online

GM Recall Shines Light on Lawyer

Last week, as the national media and the U.S. Congress credited Lance Cooper's discovery with exposing a corporate cover-up and federal regulatory lapse and pushing General Motors to recall 1.5 million cars with a potentially deadly ignition defect, Cooper was in his Marietta office doing what he usually does: preparing for a trial, initiating a new lawsuit and investigating other potential cases.
8 minute read

New York Law Journal

Hearing Set in Battle to Obtain Spitzer Emails Under FOIL

A former AIG executive who has spent nearly seven years attempting to obtain Eliot Spitzer's private emails has issued something of a dare to the onetime attorney general and governor: If you insist there are no such emails, say so under oath.
5 minute read

Commercial Litigation Insider

Earlier Case Assignment Considered in Commercial Division

The framework around New York state court rules gives parties the flexibility to determine the ideal point for judicial intervention. That in-the-driver's-seat option could soon change in the Commercial Division per a new proposal that narrows the case assignment window to 90 days following service of a complaint.
3 minute read

Litigation Daily

Plaintiffs Cry Foul in Credit Suisse Securities Class Action

When damning internal emails were unsealed last month in a securities suit against Credit Suisse, The New York Times wasn't the only one who took notice. Plaintiffs lawyers pursuing a separate mortgage-backed securities class action also snapped to attention, and on Monday they accused Credit Suisse of failing to disclose the documents in their own case.
3 minute read

Commercial Litigation Insider

Court Clarifies Rules for Nonparty Subpoenas

The Court of Appeals ruled that the way the First and Fourth departments interpreted the standard for enforcing subpoenas to nonparties in litigation was the "appropriate" one, largely because it better adhered to New York's "liberal" discovery policies than the interpretation by the Second and Third departments did.
6 minute read

New York Law Journal

Court Clarifies Rules for Nonparty Subpoenas

The Court of Appeals ruled that the way the First and Fourth departments interpreted the standard for enforcing subpoenas to nonparties in litigation was the "appropriate" one, largely because it better adhered to New York's "liberal" discovery policies than the interpretation by the Second and Third departments did.
6 minute read

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