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Commercial Litigation Discovery Disputes

Epstein Becker & Green

An Oft-Overlooked Requirement in the N.Y. Commercial Division Rules: The Rule 11-e(d) Statement of Completion

Epstein Becker & Green on

Effective April 1, 2015, the Commercial Division of the New York State Supreme Court promulgated a series of reforms to the Rules of Practice for the Commercial Division, including the addition of new Rule 11-e, which...more

Farrell Fritz, P.C.

Remote Possibilities: Establishing Good Cause for Virtual Depositions in the Commercial Division

Farrell Fritz, P.C. on

Under Rule 37 of the Rules of the Commercial Division, the court may order a remote deposition upon (1) consent of the parties, or upon (2) a motion showing good cause....more

Farrell Fritz, P.C.

Good Cause or Gamesmanship: A Review of “Good Cause” in the Commercial Division

Farrell Fritz, P.C. on

As my colleague, Matt Donovan, recently blogged, it is essential for litigants to “play[] nice in the litigation sandbox” or risk facing the ire of the Justices in the Commercial Division. Many litigants might think they are...more

Farrell Fritz, P.C.

Playing Nice in the Litigation Sandbox

Farrell Fritz, P.C. on

I think it’s fair to say that Commercial Division judges have little time for discovery disputes.  If one peruses the individual practice rules of many of the ComDiv judges, one typically finds language all but prohibiting...more

Farrell Fritz, P.C.

“Enough is Enough” Says Commercial Division in Discovery Dispute: Strikes Party’s Pleading

Farrell Fritz, P.C. on

A recent decision from the Manhattan Commercial Division reminds us of the ramifications of non-compliance with discovery obligations. Although in my experience courts (especially the Commercial Division) typically do not...more

Epstein Becker & Green

Electronically Stored Information – Pitfalls and Ways to Avoid Mistakes and Inadvertent Disclosure

Epstein Becker & Green on

Mistakes sometimes happen. One of the most serious mistakes attorneys can make is to inadvertently disclose privileged or otherwise protected information during discovery. This may sound easy, but in the electronic era, where...more

Farrell Fritz, P.C.

Discovery Sanctions Alert: Failure to Include Withheld Items on Privilege Log Lands Party in Hot Water

Farrell Fritz, P.C. on

Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege.  Enacted in 2014, Rule 11-b substantially streamlines the privilege log process by encouraging...more

Nelson Mullins Riley & Scarborough LLP

Default Judgment Sanction Against Defendants for Failure to Produce Slack Messages

In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default...more

Farrell Fritz, P.C.

The Attorney-Client Privilege (Re) Re-Visited

Farrell Fritz, P.C. on

It is commonplace knowledge that the attorney-client privilege protects confidential communications relating to legal advice between a client and an attorney from disclosure. However, a recent decision from Justice Robert...more

Proskauer - Minding Your Business

NY Court Re-Affirms Privilege Protection for Personal Emails Sent by Law Firm Partner on Firm Email Account

Citing new deposition testimony, actor Justin Theroux in a recent motion asked the New York Supreme Court to reconsider its December 2020 denial of Theroux’s motion to compel production of emails that his neighbor, Norman...more

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