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Business Litigation Commercial Court Discovery

Farrell Fritz, P.C.

Obtaining Discovery Across International Borders: Convenience Is Not the Standard

Farrell Fritz, P.C. on

Sections 3102 and 3108 of the CPLR outline methods for conducting discovery, including discovery “outside” or “without” the state.  But what about demands for discovery and inspection of documents located outside the country?...more

Farrell Fritz, P.C.

Updates to Commercial Division Rules Concerning Discovery of ESI

Farrell Fritz, P.C. on

As we approach the 30th Anniversary of New York’s Commercial Division, it’s fair to say that over those 30 years, the Commercial Division has held true to its aim of improving the efficiency and judicial treatment of complex...more

Farrell Fritz, P.C.

The Dynamic Duo of Proportionality and Reasonableness: Another New Proposal From the Commercial Division Advisory Council

Farrell Fritz, P.C. on

As we’ve mentioned time and again on this blog, since its inception in 1995, New York’s Commercial Division has continued to not only be a leader in developing and shaping commercial law, but it is also on the forefront of...more

Farrell Fritz, P.C.

Even as Pandemic Wanes, Remote Depositions Remain the New Normal

Farrell Fritz, P.C. on

In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal profession quickly transitioned to remote...more

Farrell Fritz, P.C.

A Wave of E-Discovery Change: The Latest Proposal from the Advisory Council

Farrell Fritz, P.C. on

New York’s Commercial Division has continuously taken the lead as an innovative forum, proposing rule changes that are aimed at increasing efficiency and overall effectiveness of the litigation process. ...more

Farrell Fritz, P.C.

NY Practice Tip: Protecting Your Client Against an Improper Notice to Admit

Farrell Fritz, P.C. on

The CPLR 3123 notice to admit can be a useful device in litigation.  Its primary purpose is to expedite a trial by eliminating the necessity of proving a readily admittible fact or matter not in dispute. ...more

Farrell Fritz, P.C.

Pandemic Aftermath: The Rise Of Interstate Depositions And Discovery

Farrell Fritz, P.C. on

With global commerce massively affected by the COVID-19 pandemic, post-pandemic litigation will undoubtedly result in a rise of interstate depositions and discovery. In turn, litigants engaged in actions pending outside of...more

Farrell Fritz, P.C.

First Department Protective of High-Frequency Trading Algorithm: Considerations in Handling Discovery Requests for Propriety Code,...

Farrell Fritz, P.C. on

As we continue to see increased litigation over electronic programs, apps, and algorithms, courts are increasingly called to consider discovery requests for the coding behind that technology.  These requests highlight the...more

Farrell Fritz, P.C.

Gull Wing Takes Flight, Pleading Gets Stricken

Farrell Fritz, P.C. on

In litigation, the term “spoliation” generally refers to loss or destruction of evidence. Spoliation can involve physical evidence, paper documents, or electronic data. Spoliation can be intentional or unintentional....more

Farrell Fritz, P.C.

A Thoughtful Insight into Seeking a Stay of Proceedings

Farrell Fritz, P.C. on

“Should I stay or should I go”, queried the Clash.  Litigators are often faced with the same question, albeit in a far different context.  Most (but certainly not all!) Commercial Division practitioners try to move litigation...more

Pillsbury - Policyholder Pulse blog

New Jersey Superior Court Issues New Rules for Complex Business Litigation

Insurance coverage litigation can be lengthy and is usually complex, and these characteristics are only exacerbated by the need to comply with often arcane state law rules of procedure. New Jersey, long a hotbed of insurance...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Rule Revisions Continue to Promote Efficiency in Complex Cases

In an effort to streamline litigation in the Commercial Division, the Commercial Division Advisory Council has continued with its revisions to the Commercial Division Rules by recently implementing one new rule encouraging...more

Nutter McClennen & Fish LLP

BLS Year in Review: Key Takeaways from the Judges

On June 11, the Boston Bar Association hosted its annual “Business Litigation Session Year in Review.” The BLS judges, including incoming Judge Brian Davis (who is taking over for Judge Leibensperger in BLS1), shared tips and...more

Patterson Belknap Webb & Tyler LLP

Advisory Council Proposes a Series of Commercial Division Rule Changes Aimed at Enhancing the Efficiency of Commercial Litigation

In a wave of rulemaking activity over the past week, the Office of Court Administration opened public comment on three significant changes to the Commercial Division Rules proposed by the Commercial Division Advisory Council....more

Farrell Fritz, P.C.

Not All “Repeated Discovery Failures” Lead to the Striking of a Pleading

Farrell Fritz, P.C. on

So you entered into a Preliminary Conference and a Compliance Conference Order with your adversary whereby the parties have to exchange discovery by dates certain. The purpose of these orders is to save parties a significant...more

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