Electronic Discovery Professional Malpractice Civil Procedure

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Over lunch last week, a local attorney was complaining to me about his case that is going to trial in July. On the last day to serve written discovery, Plaintiff counsel had served each of his five clients, on behalf of each...more

"I Declare, It Is Necessary"

As every lawyer is aware, a party may propound more than 35 specially prepared interrogatories or requests for admissions simply by attaching a Declaration of Necessity pursuant to C.C.P. §2030.040 and C.C.P. §2033.040...more

Beyond Dispute - Inaugural Issue - August 2011

In this issue: * Decoding E-Discovery: 7 Things to Know about E-Discovery * Second Circuit Affirms the Grant of a Preliminary Injunction on Non-Compete Agreement * Rules of the New York Court of Appeals for the...more

Attorney Client Text Messages or Texting & Depositions Don’t Mix

During a remote video deposition, the defending attorney and the deponent had very busy hands texting each other. Were these text messages required to be produced to the opposing party?...more

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