Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2009 Aug
31 Aug 2009
In New York State Court, Requesting Party Presumptively Must Bear the Cost of Electronic Discovery, Like All Other
30 Aug 2009
Sanctions for Filing Claims Despite Prior Warnings and Court Orders — Recidivism — Client Who Could Not be Sanctioned for Frivolous Legal Claims Sanctioned for Improper Purpose — Prior Sanctions Award as a Benchmark
29 Aug 2009
Attorneys' Fees and Cost of Defense of RICO-Violative Prosecution Afford Standing, But Embarrassment, Humiliation and Inconvenience ≠ RICO Injury
28 Aug 2009
Circumstantial Authentication of Email Evidence — Admission that Emails Were Sent + Content of Emails + Email Address Tied to Recipient by His Business Website
27 Aug 2009
Rule 11 Motion Served 4 Days Before Pending Summary Judgment Motion Granted Rejected Because 21-Day Safe Harbor Period Not Afforded
26 Aug 2009
Email from Senior Agency Executive Admissible as Admission by a Party Opponent in Action against the Government
25 Aug 2009
Website Authentication — WHOis Search Held Inadequate to Prove Ownership of Website
24 Aug 2009
Corporate Attorney-Client Privilege — When an Asset Transfer Conveys the Privilege
23 Aug 2009
Appeals — Issues Not Considered: (1) First Impression Raised Initially in Reply Brief; (2) Identified in Notice of Appeal but Not Briefed; or (3) Briefed Merely by Incorporating by Reference Arguments Made in District Court
22 Aug 2009
Arbitration — Fed.R.Civ.P. 60(b) May Be Invoked in District Court to Correct Certain Errors in Arbitration Awards
21 Aug 2009
Because of Reputational Impact, Sanction of Reprimand Is a Sufficient Deterrent without an Award of Attorneys' Fees
20 Aug 2009
Expert Testimony on “Zone of Insolvency” Rejected under Daubert as Unreliable — Phrase Has No Accepted Meaning and There Is No Accepted Methodology to Test It
19 Aug 2009
RICO/PSLRA Bar — Whether LLC Interests Constitute Securities = Fact Question — Measuring Time for 2-Year Continuity Requirement
18 Aug 2009
Sarbanes-Oxley — Substantive Requirements Necessary to Establish a Whistleblower Claim
17 Aug 2009
Specific Performance of Settlement Agreement
16 Aug 2009
Internet Printout of Immunization Schedule Unverified by Medical Professional Not Subject to Judicial Notice
15 Aug 2009
Repeated Defragging May Constitute Spoliation — Defragging Destroys Evidence of Hard-Drive Wiping — Permissible vs. Impermissible Defragging
14 Aug 2009
Scope of Review of Magistrate Judge Orders under 28 U.S.C. § 636(b)(1)(A) — Monetary Sanctions Issued Pursuant to Rule 30(g)
13 Aug 2009
Electronic Discovery — Litigation Hold Letters, Although Privileged or Work Product, Are Discoverable on a Prima Facie Showing of Spoliation
12 Aug 2009
Broad Arbitration Clause Confers on Arbitrator the Power to Award Compensatory Sanctions, Even If Contract Provides that Each Party Bears Own Fees
11 Aug 2009
Stipulations Are Binding Contracts and, If Court Approved, Should Not Lightly be Set Aside
10 Aug 2009
Specific Personal Jurisdiction Is a Claim-Specific Inquiry — Jurisdiction Exists Only for Claims Tied to Venue, and for Tort Claims Arising out of Contract with Sufficient Ties to Venue
09 Aug 2009
28 U.S.C. § 1782 Authorizes Discovery in Aid of Private International Arbitration in Light of Intel
08 Aug 2009
RICO — Role of Operation-and-Management Test in Assessing Distinctiveness between Enterprise and Defendant — Mere Business Relationship between Entities ≠ Operation or Management
07 Aug 2009
Motions in Limine Not Covered by Scheduling Order Calling for Pretrial Motions by Date Certain
06 Aug 2009
Federal Jurisdiction — State Tort Law Action Premised on Misconduct in Federal Litigation and Violation of Federal Rules of Civil Procedure Not Removable under Grable
05 Aug 2009
Sanctions — Improper Coaching of Witnesses — Use of Ethical Rules as Standard of Conduct — Reputational Injury Confers Article III Standing to Appeal Even After Monetary Sanctions Paid —Intentional Failure to Prevent Client from Intentionally Dele
04 Aug 2009
Civil Contempt Standards — Order Directed at Non-Party Corporate Employer and Party Employees — Contempt for Failure to Apprise Supervisors of Order and Obtain Corporate Enforcement — Good Faith and Substantial Compliance No Defense to Contempt
03 Aug 2009
Attorney-Client Privilege and Common Interest (Joint Defense) Doctrine — New York vs. Federal Law — Contract as Basis of Common Legal Interest — Lawyer Communications with Non-Client Protected — Oral vs. Written Common Interest Agreement
02 Aug 2009
A Brief Glimpse into Another World
01 Aug 2009