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New Jersey Law Journal

Appellate Court Deems Lower Court's Discovery Sanction Constituted Abuse of Discretion

"The record shows that the court struck the essential defense of non-liability. Its order is contrary to the fundamental principal underlying sanctions—to compel discovery compliance to ensure cases are decided on their merits," the opinion said.
4 minute read

New York Law Journal

Prosecutors Accuse Trump, Counsel of 'Wholly Inventing Facts' to Delay Criminal Trial

"Only by grossly mischaracterizing the record is he able to level spurious and reckless allegations of prosecutorial misconduct," prosecutors tell the judge in response to defense allegations of discovery violations.
4 minute read

New York Law Journal

Stormy Daniels Is Releasing a Film—and Trump's Lawyers Aren't Happy

Prosecutors deny that any violations have occurred. Justice Merchan has set a hearing for March 25, the date previously scheduled for jury selection.
4 minute read

New York Law Journal

Donald Trump Accuses Lawyers of Discovery Violations

Should Justice Juan Merchan decline to dismiss the indictment, defense counsel is asking that he preclude the trial testimony of Michael Cohen and Stormy Daniels and delay the trial by at least 3 months. Prosecutors say no violations have occurred.
4 minute read

The Legal Intelligencer

Data Breach: Setting Yourself Up for a Successful Review

Effective planning and communication among the various stakeholders will drive efficiencies, reduce costs, and lead to successful completion of the review.
8 minute read

Law.com

What Is Exhibit J? Litigators Are Watching This AI Test Case

Exhibit J is the crux of the New York Times' copyright-infringement lawsuit that accuses Microsoft and OpenAI of using copyright-protected content to train their AI model GPT-4.
2 minute read

New York Law Journal

Section 1782 is a Little-Known Superpower for Foreign Litigants

Litigants outside the U.S. are finding the use of 28 U.S.C. §1782 can be a secret weapon that leads to victory. Yet many don't recognize or realize the power the section provides. It can be used to provide documents and testimony from U.S. residents and corporations that often aid a case in a foreign court. However, a Section 1782 filing can be a complex process and even those who are aware of Section 1782 are unsure how to find success with its use. Lori Marks-Esterman of Olshan explains why they are used, some of the complexities involved and how they can help those outside the U.S. obtain information that may ultimately help lead to successful outcomes.
5 minute read

Legaltech News

Best Emerging Technology (Non-AI), Provider: CloudNine

"Ongoing improvement requires not only increasing performance levels of existing solutions, but predicting and responding to emerging and future needs of the legal industry," said Georges Sabongui, CEO of CloudNine.
8 minute read

New Jersey Law Journal

Outback 'Should Have Known': New Ruling Offers Guidance on Evidence Preservation

"It is unclear to the court how a sophisticated litigant can reasonably expect to fulfil its duty to preserve evidence by leaving the responsibility ... in the hands of restaurant manager, who is given absolutely no guidance," the judge said.
5 minute read

New York Law Journal

When Communications Concerning a Client Can Be Withheld From the Client

Conflicts arise between law firms and their clients that require lawyers within the firms to seek legal advice. In such situations, firm lawyers may seek advice from another lawyer within their firm about how to handle the issue. In subsequent litigation with the client, however, such communications may not be protected from discovery, particularly where the firm lawyer whose advice is sought has been involved in the representation of the client.
10 minute read

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