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New York Law Journal

Feds Say New Indictment Is 'Likely' in Campaign-Finance Case Against Giuliani-Linked Defendants

A federal prosecutor in Manhattan said Monday that a new indictment was "likely" in the criminal campaign-finance case against two associates of Rudy Giuliani.
4 minute read

New York Law Journal

Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging

In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss the recent case of 'Herzig v. Ark. Found. for Med. Care', which addresses the issue of ephemeral messaging and spoliation. The court there found that the use of the ephemeral messaging app Signal was evidence of bad faith sufficient to warrant sanctions.
8 minute read

New York Law Journal

Section 1782 Applications in International Arbitration and Award Enforcement Proceedings: What Practitioners Need To Know

This article examines the instances in which §1782 can be used in support of both international arbitrations and foreign award enforcement proceedings, as well as its extraterritorial reach.
9 minute read

Legaltech News

Crisis Control: Best Practices for Emergency E-Discovery and Incident Response

A set of steps and best practices that legal teams can follow to ensure thorough and efficient handling of e-discovery in crisis situations.
7 minute read

Legaltech News

New Data Types Challenge E-Discovery to Keep Pace

Expanding the scope of data has the potential to slow down discovery and increase cost, but if new data types contain uniquely dispositive content, it will be necessary to include them in order to achieve just determinations.
7 minute read

New York Law Journal

Have the Courts Opened the §1782 Door Wider?

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss two recent important circuit court decisions on the topic of §1782 discovery, one holding that the statute can be used in aid of private arbitration and the other holding that the statute can apply to documents located outside the United States.
11 minute read

New York Law Journal

Securities Act Claims in New York State Court: Trends and Observations a Year After 'Cyan'

In the wake of the 'Cyan' decision, the number of 1933 Act claims brought in state court has increased dramatically, with the most significant increase occurring in New York.
10 minute read

Legaltech News

Sedona Working Group 1 Meeting Spotlights Key E-Discovery Cases from 2019

These cases exemplify various practice points including the role of cooperative advocacy in discovery, the need for prudence in using ephemeral messaging apps during anticipated or ongoing litigation, and the importance of Rule 502(d) non-waiver orders.
6 minute read

New York Law Journal

How AI Can Help You Be a Better Litigator

Litigators should be aware of some of the powerful AI and machine learning tools, which can quickly access and analyze large amounts of data and help us make better informed strategic decisions and improve the quality of our advocacy.
8 minute read

New York Law Journal

It's A Small World After All: The Second Circuit Broadens Discovery in Aid of Foreign Proceedings

The Second Circuit changed course from dicta in an earlier decision and now joins the Eleventh Circuit in allowing U.S. courts to compel extraterritorial discovery in support of foreign proceedings.
9 minute read

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