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Litigation
The Shorter Arm of Long-Arm Jurisdiction: Post-Daimler, the framework is the same but the analysis has shifted
Picture this: you are the general counsel of the New York subsidiary of a foreign parent corporation. You have just received a New York federal complaint naming your company and its parent corporation as defendants in a lawsuit alleging events in which the parent had no involvement in New York....
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Scope of the Common-Interest Privilege in Light of Ambac v. Countrywide
Determining whether written communications with outside parties may be protected from disclosure under the common-interest doctrine can be complicated in light of the differing legal standards applied by federal and state courts. For example, New York courts have held, up until recently, that...
Read MoreCivil Justice
Proportionality: The Continuing Effort to Limit the Scope of Discovery
In an attempt to reign in increasing discovery costs, in September 2014, the Judicial Conference of the United States approved amendments to Federal Rule of Civil Procedure 26. The revised rule, now pending before the Supreme Court, attempts to further narrow and limit discovery by explicitly...
Read MoreBanking | Finance
Motorola Limits Restraints on Banks: The New York Court of Appeals Recharges the “Separate Entity Rule”
In a decision that will resonate in the financial services industry, the Court of Appeals recently reaffirmed the continued application of the “separate entity rule” in New York. In applying this rule, the Court held that a judgment creditor cannot restrain assets located in a foreign...
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What Standard Of Proof Is Required To Prove Punitive Damages?
The application of punitive damages in mass tort actions in New York is an unsettled area of the law that impacts the way counsel should approach its pretrial motion practice. Decisions describing the potential for punitive damages in cases where intentional conduct has not been established have...
Read MoreCybersecurity
Cyber Insurance: The Basics Of The Coverage
In the time it took to research and draft this article, approximately two months, three major cyber attacks were reported in the news. The most recent was the Heartbleed bug, which was dubbed the biggest security threat the world had ever seen. These attacks do more than threaten both business...
Read MoreDiscovery
Nonparty Subpoenas: Why The Requestor Should Pay
Your client has just been served with a nonparty subpoena seeking broad categories of electronic documents and emails over many years. The mere search, review, and production of such ESI will be costly and time-consuming. The first question many clients ask is, who’s paying for this? As...
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