A recent amendment to the Commercial Division rules, effective as of October 1, 2018, provides Judges, litigants and their counsel with additional fodder to quickly and efficiently resolve disputed issues of fact in an effort to circumvent an otherwise lengthy and costly discovery process. New...
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Maximizing Criminal Court Results, in the Civil Arena, Through Collateral Estoppel
Introduction For civil counsel engaged to right criminal wrongs committed by a Corporation’s former officer or employee, the frustration of the delays incident to a parallel criminal proceeding can nonetheless ultimately bear fruit in the civil arena. While the civil...
Litigation Holds and Preservation of ESI in Light of VOOM HD Holdings, LLC
In commercial litigation cases, issuing a litigation hold to preserve electronically stored information (ESI) is paramount once a party reasonably anticipates that litigation may ensue, which may be well before litigation actually commences. In the electronic discovery context, the First...
Gibbs: Leveling the Playing Field for Chronic Non-Compliance
In a recent column, we addressed recent Appellate Division authority concerning the ultimate sanction for failure to disclose, a CPLR 3126 Order striking a pleading. In December, the Court of Appeals issued Gibbs v. St. Barnabas Hospital, 2010 N.Y. Slip. Op. 09198 (2010) reversing a Supreme...
Disqualification Premised Upon the “Lawyer as Witness” Rule
An attorney’s conflict search incident to a potential new matter provides information which will assist counsel in determining whether engagement is appropriate. There are bright-line rules regarding entering an appearance in light of counsel’s obligation to avoid various conflicts of...
Lawrence v. Kennedy — Lessons for the Unwary
In Lawrence v. Kennedy, --- N.Y.S.2d ----, 2011 WL 5107234, 2011 N.Y. Slip Op. 21377 (Nassau Sup. Ct. 2011), plaintiff Lawrence S. Lawrence, a New York attorney, moved for summary judgment in lieu of complaint against defendants Michael F. Kennedy and his former law firm Lawrence and Walsh,...
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