Judges are beginning to address the increasing use of AI tools in court filings—including reacting to instances of abuses by lawyers using it for generative purposes and requiring disclosures regarding the scope of AI use in...more
When an amended complaint renders the arguments of a motion to dismiss moot, what effect does it have on the public’s ability to view the parties’ filings on the motion? In Karriker v. Harpoon Holdings, L.P., 2023 NCBC 67,...more
Claiming that he was injured when a metal serving cart struck his knee during a flight from El Salvador to New York in 2019, Robert Mata recently sued Avianca Airlines. Avianca filed a motion to dismiss in New York federal...more
Seyfarth Synopsis: Federal judges are requiring attorneys to attest as to whether they have used generative artificial intelligence (AI) in court filings, and if so, how and in what manner it was used. These court orders come...more
The United States federal court system periodically publishes reports (called “Just the Facts”) addressing trends facing the federal judiciary. On November 16, 2021, the U.S. Courts released its latest “Just the Facts,”...more
Courts disagree over whether provisions in a borrower's organizational documents designed to prevent the borrower from filing for bankruptcy are enforceable as a matter of federal public policy or applicable state law. There...more
Across the globe, courts have rapidly adapted their practices and procedures in response to the COVID-19 pandemic. As waves of infections have spread throughout Canada, its courts have fluctuated between resuming activities...more
About a year ago, I released a video entitled “Automated Certificates of Service Are Coming.” The wait is over. As of this week, automated certificates of service will be rolled out in every Texas court set up for e-filing. ...more
Your former employee sues you, but your employee-plaintiff filed for bankruptcy. You diligently research the bankruptcy filings and discover the employee did not disclose the lawsuit against you in those filings, which are...more
On July 22, 2020, the New York Court of Appeals announced that the Court of Appeals Hall in Albany is now open for in-person filings. The Court will continue to accept mailed and electronic submissions as permitted by its...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
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
On Monday, as the partial government shutdown entered its third week, the Administrative Office of the U.S. Courts (“AOC”) announced its intention to continue paid operations through January 18, extending its previous...more
In the 35 years I have been practicing personal injury law in Vermont, the questions I hear most frequently are: Is my injury case worth pursuing?...more
On January 17, 2018, the American Line Pipe Producers Association filed a petition for the imposition of antidumping and countervailing duties on imports of Large Diameter Welded Pipe from Canada, Greece, India, the People’s...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
Amendments to the Financial Industry Regulatory Authority, Inc.'s ("FINRA's") Customer and Industry Codes of Arbitration Procedure require that all parties (except for pro se customers) to FINRA arbitrations must use the...more
Your iPad can be used for much more than FaceTime and Netflix. Planet Depos has put together a list of the top five iPad apps for the legal professional. These apps will help make your life easier, and make your iPad as...more
After a lengthy proposal and commentary process, the Trademark Trial and Appeal Board ("TTAB" or the "Board") recently published its most significant Rules of Practice update in years (see 81 Fed. Reg. 69950), with the...more
Generally, court filings are public records unless sealed from public access by a judge. Vast amounts of personal information contained in public records can be, and are, accessed by criminals in order to obtain personal...more
Because the United States is a non-reciprocating territory, U.S. judgments do not qualify for expedited treatment under Indian civil procedural laws. As a result, the decree-holder must file a new suit to enforce the judgment...more
AB 1141, which was passed on September 28, 2015 and made effective January 1, 2016, revives an expired procedure for filing a motion for summary adjudication to facilitate resolution of a case. A change in the law in 2011...more
As far as the outcome is concerned, it should make no difference which party chooses to file the petition. However, one of the parties is able to control the process, the person filing (known as the Petitioner) is ultimately...more
On June 28, 2013, the Federal Trade Commission (FTC) adopted a proposed rulemaking to codify its longstanding informal procedures for voluntarily withdrawing and refiling an HSR filing and, more significantly, to mandate that...more
U.S. District Judge Rakoff ruled on whether copying legal filings amounts to copyright infringement. His verdict: it does not. Judge Rakoff granted summary judgment to defendants Lexis and Westlaw, dismissing plaintiffs’...more