Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Apr
30 Apr 2008
Weight to be Accorded Securities and Exchange Commission No-Action Letter
29 Apr 2008
Rule 11 Safe Harbor — Effort to Stay or Dismiss Sufficient to Preclude Sanctions Even Though False Statement Not Withdrawn
28 Apr 2008
Party Who Kept Copy Cannot Prevail on Spoliation Claim Against Opponent Who Destroyed Original
27 Apr 2008
RICO — At Least Two Predicate Acts Must Occur within Four-Year Limitations Period
26 Apr 2008
Fraudulent Joinder — Spoliation — Conversion as Potential Substitute for Spoliation Claim in New York
25 Apr 2008
RICO — Intracorporate Conspiracy Doctrine Viable under § 1962(d) Even Though Not Viable under § 1962(c) — Circuit Split
24 Apr 2008
Excess Carrier Barred from Asserting Malpractice Claim Against Insured’s Counsel Who Was Selected by Primary Carrier
23 Apr 2008
RICO — Rendering of Routine Legal Services ≠ Operation or Management
22 Apr 2008
Email Exchange Satisfies Statute of Frauds
21 Apr 2008
Rule 26(a) vs. Rule 26(b) — Witness First Identified in Pretrial Order Barred from Testifying at Trial
20 Apr 2008
Tort of Fraudulent Concealment as Cause of Action for Spoliation in New Jersey
19 Apr 2008
Arbitration: Motion for Summary Judgment Waives Arbitration Right Even If, in the Alternative, It Seeks to Compel Arbitration
18 Apr 2008
Sanctions — Uncivil Court Papers Ordered Rewritten
17 Apr 2008
Email Admissibility on Summary Judgment — Authentication vs. Authenticatability
16 Apr 2008
RICO Class Actions — No Fraud on the Market Presumption
15 Apr 2008
Lawyer Suspended from Practice in S.D.N.Y. Pending Final Resolution of Disciplinary Charges
14 Apr 2008
Judicial Estoppel in the Second Circuit
13 Apr 2008
Spoliation by Highlighting
12 Apr 2008
Monetary Sanctions and Sovereign Immunity
11 Apr 2008
Appealability of Denial of Motion to Stay Litigation Pending Arbitration Brought by Non-Party to the Arbitration Agreement — Circuit Split
10 Apr 2008
Electronic Discovery — Metadata — Timing Is Everything
09 Apr 2008
Website Evidence on Valuation
08 Apr 2008
$72 Million Sanctions Award Against FDIC Reversed and Remanded
07 Apr 2008
Privilege Developments 2008 — Part II
06 Apr 2008
Privilege — Waiver by Use of Company Email System
05 Apr 2008
Sanctions — Refusal to Accept That You've Lost
04 Apr 2008
Is There a Right to Depose an Expert Who Is Designated Non-Testifying After Initially Having Been Designated Testifying?
03 Apr 2008
Cause of Action for Intentional, but Not Negligent, Spoliation Recognized in U.S. Virgin Islands
02 Apr 2008
What Do You Own? McVeigh’s Lawyer Doesn’t Own Files — Can’t Donate Them and Deduct Value
01 Apr 2008