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.Sun, 05 Feb 2012 05:53:16 +0000Sun, 05 Feb 2012 05:53:16 +0000http://www.josephnyc.com/articles/viewarticle.php?78Sanctions Developments 2012 Gregory P. Joseph*     In the realm of sanctions, state of mind matters. Some sanctions require bad faith, and even if negligence is enough, "subjective intent can bear on whether to impose a sanction and what amount to fix.... Even a dog, said Holmes, distinguishe...Tue, 24 Jan 2012 00:00:00 +0000http://www.josephnyc.com/articles/viewarticle.php?77This article, Supreme Court on Civil Practice 2011, can be accessed by clicking on the title. It is reprinted with permission Copyright 2011 The Bureau of National Affairs, Inc....Tue, 23 Aug 2011 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?76Federal Arbitration Developments Gregory P. Joseph*      One of the problems many perceive with arbitration is that the panel, unlike a judge, is not subject to meaningful appellate review and may not feel constrained to exert the same level of analytic rigor. Parties sometimes attempt to a...Thu, 04 Aug 2011 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?75INTERNET AND EMAIL EVIDENCE 2011 Gregory P. Joseph*      The explosive growth of the Internet, electronic mail, text messaging and social networks is raising a series of novel evidentiary issues. The applicable legal principles are familiar — this evidence must be auth...Thu, 14 Jul 2011 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?74This article, which was published in U.S. Law Week, can be accessed here....Tue, 12 Apr 2011 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?73The Lawsuit Abuse Reduction Act of 2011 Gregory P. Joseph*       Legislation has been introduced in Congress to reinstate, in a more aggressive form, the 1983 version of Federal Rule of Civil Procedure 11, under which sanctions were mandatory, not discretionary. The House held hearings on H...Mon, 28 Mar 2011 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?70Privilege and Work Product Developments 2010 Gregory P. Joseph* A recent decision by the D.C. Circuit highlights two cert-worthy issues concerning the scope of work product protection. This article discusses this and other interesting recent opinions dealing with attorney-client privilege and the...Tue, 26 Oct 2010 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?69Gregory P. Joseph* Effective December 1, 2010, Federal Rules of Civil Procedure 26(a)(2) and (b)(4) are substantially amended. These amendments govern disclosure of expert opinion. Three Principal Changes. The principal practice changes are: Communications between counsel and retained expert...Wed, 04 Aug 2010 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?68Recent Federal Practice Developments 2010 Gregory P. Joseph* This article analyzes recent developments in federal practice, including two Supreme Court decisions rendered in the past 60 days. Relation Back of Pleading Amendment. Rule 15(c) determines when an amended pleading relates back to the ...Thu, 10 Jun 2010 00:00:00 +0100http://www.josephnyc.com/articles/viewarticle.php?67Current Arbitration Issues in Federal Practice Gregory P. Joseph* The Supreme Court rendered six major arbitration decisions in 2008 and 2009. This article analyzes each, and it explores other significant arbitration issues percolating in the Circuits. Court May Entertain Only Attack on Agreemen...Tue, 16 Feb 2010 00:00:00 +0000