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The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes. ...more
Since the inception of the New York State Supreme Court Commercial Division Rules in 1993, the rules have been consistently amended and refined by judges with practitioners’ input to “improve the efficiency with which such...more
Public Act 24-108, passed at the conclusion of Connecticut’s 2024 Legislative Session and signed into law by Governor Lamont on June 4, brings needed statutory clarity to where a business entity may initiate a lawsuit in...more
Every year around this time, New York’s Chief Administrative Judge publishes an annual report, which “collect[s], compile[s] and publish[es] statistics and other data with respect to the unified court system and submit[s]...more
Litigators and jurists alike frequently use the terms “waiver” and “forfeiture” interchangeably in federal appellate practice. However, these are distinct concepts, and a savvy litigator will carefully consider them when...more
Most litigants think that financial documents, such as tax returns, are confidential. The same is true with regard to trade secrets and other proprietary business information. While those sentiments are most often true, as...more
As any practitioner litigating a case before the Commercial Division knows, and as we have mentioned time and again on this blog, it is critical to know the Part Rules of the particular judge assigned to your case. But...more
It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more
It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those protocols, and they remain the preferred forum...more
Litigation in the Commercial Division is efficient and effective in part because its judges strictly enforce the Commercial Division Rules. Those unsure can peruse Matt Donovan’s “Check the Rules” series on this blog,...more
Alternative Dispute Resolution Mechanism - The Enabling Act provides for the reorganization (via a consolidated act) and the promotion of out-of-court means to resolve disputes, i.e., mediation and the so-called...more
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
As part of the District of New Jersey’s continuing response to the ongoing public health emergency and in light of the current resurgence of COVID-19 in the state, on March 12, 2021, Chief Judge Freda L. Wolfson of the...more
The legal industry has adapted rather quickly in order to minimize the pandemic’s impacts on the practice of litigation by enacting orders, rules, and practices to keep the wheels of justice turning. This includes the...more
Depuis 25 mars 2020, l’ordonnance n°2020-306 a été adoptée par le Gouvernement pour organiser, pendant la « période juridiquement protégée », une prorogation de certains délais échus et l'adaptation des procédures ...more
On June 16, 2020, Florida Supreme Court Chief Justice Charles Canady issued two new administrative orders and a new “best practices” memorandum adopting changes to guidelines for state court pandemic operations....more
At this point, after nearly three months of practicing law virtually from home, I think it’s fair to say that what was once novel and experimental has become a kind of new norm for the future....more
Throughout the COVID-19 pandemic, the Ninth Judicial Circuit Court (State Court) has remained open, relying primarily on teleconference or videoconference for hearings. Starting yesterday, the Ninth Judicial Circuit is...more
As the weeks under shelter or stay at home orders approach months, more courts are trying to resume closer to “normal” operations, while acknowledging in some cases that certain procedures are still not viable due to the...more
We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. As the weeks pass, COVID-19’s impact on civil litigation is becoming more varied, and sometimes is yielding...more
No one knows how long we will be living in this COVID-19-inspired Twilight Zone episode. Estimates vary widely over how long shelter in place rules will remain in effect around the country, and no one knows how things will be...more
Three months ago very few of us regularly communicated by virtual videoconferencing. Today, it’s fast become a daily routine, and in all likelihood will become a more permanent part of our practice. Who would have guessed...more
Remote trials - In Re Blackfriars Ltd, the High Court rejected arguments that the restrictions imposed in response to the COVID-19 crisis were sufficient reason to adjourn a five-week trial. The trial, which is scheduled...more
As a result of the measures taken by the Dutch government concerning COVID-19, the courts have decided to change the normal course of events. Below you will find the most important information about the current state of...more
I. Introduction - In ways unimagined less than three weeks ago, the face of in-court litigation in civil and criminal matters transformed seemingly overnight and continue at near breakneck speed....more