http://www.josephnyc.com/articles/Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.en-usCopyright © 2007 Gregory P. Joseph Law Offices LLC. All rights reserved.Thu, 24 Jul 2008 12:05:55 +0100Thu, 24 Jul 2008 12:05:55 +0100http://www.josephnyc.com/articles/viewarticle.php?56Gregory P. Joseph* This article analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral rules of the American Arbitration Association or other organization. Suprem...Wed, 25 Jun 2008 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?55Gregory P. Joseph* This is the second of two articles exploring important recent developments in the law of privilege and work product protection. (The first, which focused on privilege developments in the corporate setting, was published in the February 11, 2008 edition of the National Law Journal...Mon, 07 Apr 2008 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?54Gregory P. Joseph*Proposed Federal Rule of Evidence 502 passed the Senate Judiciary Committee by voice vote on January 31, 2008, and, once enacted by both houses of Congress, it will be the most significant development in the field of attorney-client privilege since Upjohn v. United States, 449 U.S....Mon, 04 Feb 2008 00:00:00 +0000http://www.josephnyc.com/articles/viewarticle.php?53 Gregory P. Joseph* Twenty-five years ago, on January 1, 1983, it cost parties roughly the same to litigate in state and federal court. Plaintiffs chose federal court sometimes for expansive discovery or to get a good judge, even though state court was an available alternative and additur imperm...Tue, 01 Jan 2008 00:00:00 +0000http://www.josephnyc.com/articles/viewarticle.php?48RICO Developments 2007Gregory P. Joseph*Pleading a civil claim under the Racketeer Influenced and Corrupt Organizations Act (‛RICO“), 18 U.S.C. §1964(c) has always been challenging. Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007), has only exacerbated the difficulties. Courts generally...Mon, 12 Nov 2007 00:00:00 +0000http://www.josephnyc.com/articles/viewarticle.php?47Supreme Court Rewrites Pleading RequirementsGregory P. Joseph*In 1957, the Supreme Court ruled that, under the Federal Rules of Civil Procedure, ‛a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support ...Sun, 02 Sep 2007 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?11Gregory P. Joseph*The explosive growth of the Internet and burgeoning use of electronic mail are raising a series of novel evidentiary issues. The applicable legal principles are familiar - this evidence must be authenticated and, to the extent offered for its truth, it must satisfy hearsay concerns...Sat, 01 Sep 2007 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?46International Arbitration 2007Gregory P. Joseph* International arbitration proceedings are subject to judicial scrutiny and action under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, implemented at 9 U.S.C. § 201, and the Federal Arbitration Act, 9 U.S.C. §...Mon, 18 Jun 2007 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?45Spoliation: Truth or ConsequencesGregory P. Joseph*I. Electronic SpoliationA. Negligence Standard: Residential Funding & SequelaeThe lasting legal legacy of the current era of electronic discovery likely will lie in the area of spoliation and sanctions. Lawyers know how to review...Mon, 21 May 2007 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?42 Gregory P. Joseph Effective December 1, 2007, barring unforeseen circumstances, new rules will govern the filing of papers in all cases in federal court — civil, criminal, bankruptcy and appellate. The new rules mandate redaction of certain identifying personal information (‛personal...Mon, 22 Jan 2007 00:00:00 +0000