As we have come to expect, the Commercial Division Advisory Council periodically makes recommendations to amend and/or supplement the Rules of the Commercial Division, many of which are eventually adopted following a...more
Why would any lawyer think that his Joint Defense Agreement, entered into with a co-defendant, was protected from production by the attorney-client privilege? Well, the lawyer for one of the Defendants In AP Atlantic, Inc.,...more
Going pro se in the NC Business Court is a bad idea. At least it was for the Plaintiff in Gillespie v. Majestic Transport, Inc., 2017 NCBC 43 who saw his claims dismissed (without prejudice) for failing to comply with the...more
Thinking of filing a Motion to Compel in the NC Business Court? You might want to file it before the close of the discovery period, even though there is no Business Court Rule establishing a deadline for doing so....more
There are new Rules for the NC Business Court In effect, as of January 1, 2017. If you have a case in the Business Court, or are expecting to designate a case there, you should look them over. ...more
For a long time, practice in New York’s Commercial Division was a double-edged sword. Stacked with the state’s most sophisticated judges, a tilt towards aggressive case management practices, and an inclination towards...more
Litigants in New York’s Commercial Division may soon be able to require written memorialization of rulings at discovery conferences if the most recent rule recommended by the Commercial Division’s Advisory Council is adopted....more
Last week (well, two weeks ago, I'm kind of behind) seemed like class action week at the Business Court. Judge Gale issued three rulings in class action cases. ...more
There is no question that, in a books-and-records action, the scope of discovery is limited and such discovery is not an appropriate means of obtaining the same books and records sought in the action. In Chammas v. NavLink...more
The Commercial Division Rules are once again the subject of several proposed amendments, as detailed below. While these proposals are not as far-reaching as some of the rule changes enacted in 2014, they nonetheless raise...more