The future of law isn’t just about better motions or airtight arguments—it’s about building systems, empowering people, and enabling your law firm with the right technology to thrive in a rapidly changing world....more
The obvious preference for the average person is never to be involved in litigation. For those forced to become party to a lawsuit, however, the dream then becomes prevailing on a motion for summary judgment. With such a...more
A federal judge in the Western District of Virginia has ordered a plaintiff’s attorneys to show cause why they should not be sanctioned for the alleged misuse of artificial intelligence (AI)....more
On October 16, 2023, judges from the U.S. District Court for the Eastern District of New York and the U.S. District Court for the Southern District of New York published proposed changes to their joint local rules. As the...more
The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. ...more
A recent decision from the Manhattan Commercial Division reminds us of the ramifications of non-compliance with discovery obligations. Although in my experience courts (especially the Commercial Division) typically do not...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
Like all aspects of business, COVID-19 has also impacted the legal discovery process. The discovery process in a lawsuit is generally comprised of written discovery (interrogatories and requests for production of documents)...more
Since the Patent Trial and Appeal Board (PTAB) rendered its decisions on Motions in Interference No. 106,115, Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively,...more
On October 12, 2020, in Travelport Ltd & Ors v WEX Inc [2020] EWHC 2670, Justice Cockerill of the English High Court held that WEX had in large part correctly interpreted the terms of the material adverse effect (MAE) clause...more
In the wake of the coronavirus (COVID-19) pandemic, international arbitration and alternative dispute resolution institutions are looking to provide innovative solutions to current restrictions on international travel and...more
While Delaware’s “stay at home” order remains in place amid the COVID-19 pandemic, the Delaware Supreme Court and Court of Chancery are still operational, and legal services providers, which are deemed “essential,” may...more
Gov. Cuomo announced during a press conference on Friday that New York State would be extending the CVA one-year “look back window” until January 14, 2021 due to the COVID-19 pandemic. ...more
No matter how good the technology is, a virtual appellate oral argument is different from a live one. No matter how good an oral advocate you are, your virtual argument likely will not be quite as effective as a live one. But...more
In the midst of the COVID-19 pandemic, the flexibility of arbitration is on full display. Unlike courts, which must clear bureaucratic hurdles to implement changes while also adhering to requirements such as public access,...more
Hogan Lovells presents a Protocol for the use of technology in virtual international arbitration hearings as a general guidance on possible best practices in conducting virtual hearings to help ensure a smooth arbitral...more
Effective March 13, 2020, the Southern District of Ohio Bankruptcy Court will be converting certain in-person hearings to telephonic appearances through April 13, 2020. ...more
Everyone likes to have the last word. Indeed, often dubbed the “recency effect” there is scientific support that going last may increase persuasion. But in ordinary motions practice in the EDVA, the movant both goes first...more
One of the most anxiety-producing experiences for both a family law client and their attorney is navigating through the process relating to a Maricopa County temporary orders hearing. The client’s anxiety is easy to...more
As part of our continuing discussion of the CFPB’s proposed debt collection rules, we focus in this blog post on a provision that occupies very little real estate in the proposal, but could have tremendous significance: a new...more
As a junior associate you do research and draft motion papers and yearn for the opportunity to argue your motion before the Court. But junior associates are usually not afforded such opportunities. ...more
Over the past year or so, we have made a point of highlighting in the “Check the Rules” series on this blog periodic updates to the individual practice rules of certain Commercial Division Justices, including Justice Eileen...more
When parties are going through a divorce proceeding that is contested, the reality is court appearances are likely going to happen. For some parties, they might have to appear at a courthouse multiple times in a contested...more
For the fifth installment of this blog’s ongoing “Check the Rules” series, we feature the individual practice or part rules of the Justices of the Kings County Commercial Division, particularly those recently instituted by...more
You’re a commercial litigator in New York. You’ve just been brought in on a case pending in the Commercial Division before a particular Commercial Division judge. Or maybe you’ve just received an administrative bounce to a...more