This week, we examine the answer to a simple question: may an out-of-state lawyer serve as counsel in a New York state court procee
ding absent making a motion for admission pro hac vice? To answer this slightly ambiguously worded question, we need more information. Specifically, the answer depends on the meaning of “out-of-state”
Check the Rules Part IV
In one of our very first posts on this blog – entitled “First Things First: Check the Rules!” – we reported on some updates in March of this year to Manhattan Commercial Division Justice Eileen Bransten’s individual practice rules. We took the opportunity then to remind Commercial Division practitioners, in light of the
Proposed Amendment to Commercial Division Rule 11-g Seeks to Add Clawback Language to Standard Confidentiality Order
Disclosure of Electronically Stored Information (“ESI”) has become a staple in commercial cases. Of course, with the vast number of documents and ESI being reviewed and the increased complexity in the review process, the risk of inadvertent production of privileged information is at its highest. The inadvertent production of privileged material often leads to lengthy,
Attorneys Switching Sides During Litigation Sometimes Allowed… at least in the First Department!
Notwithstanding general public opinion of attorney ethics, most people (including attorneys) believe that an attorney cannot dump a client in the middle of litigation to represent the other side. However, attorneys in the First Department may be surprised to learn that, in certain circumstances, a representation adverse to their former clients, even in litigation arising
Is it a Privilege to Speak With a PR Consultant? Maybe Not for Kesha!
So you were just retained on what could become a high-profile case. The stakes are high, and it’s unclear how this will play in the media. The issue may arise based on the parties to the case, the nature of the claims, or both. Either way, as part of your litigation strategy, you decide that
Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!
“The expert discovery rules are promulgated so no party will be ‘sandbagged’ or surprised by another expert’s opinion” – Manhattan Commercial Division Justice Eileen Bransten
Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple of recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial
To Demand or Not Demand, “Futility” is the Question
Under Delaware law, the decision to commence litigation on behalf of a corporation is, of course, a fundamental exercise of business judgment, which decision rests with the Board of Directors. A shareholder, therefore, cannot bring a derivative action without pleading that a demand on the corporation to do so had been made, or that
Is Customer Information a Trade Secret? Not So Fast!
Under what circumstances do customer information and business operations constitute “trade secrets” that may be enjoined from use by a former employee ? A recent decision by Justice Elizabeth H. Emerson on this issue serves as a stark reminder that a preliminary injunction requires “clear and convincing” proof that the information is truly a secret.
To ADR or Not to ADR? Two New Amendments to the Commercial Division Rules Require Parties to Answer the Question
Two recent amendments to the Commercial Division Rules, designed to encourage alternative dispute resolution, will go into effect on January 1, 2018.
The amendment to Rule 10 requires counsel to certify that they have discussed with their clients the availability of alternative dispute resolution options in their case. Specifically, counsel will be required to submit
Jurisdictional Discovery: When and Why It’s Available
Personal jurisdiction analysis is often the enemy of 1L’s tackling that doozy of a CivPro exam. Outside of that 10-page fact pattern requiring consideration of Helicopteros Nacionales de Colombia, SA v. Hall, International Shoe Co. v. Washington, and World-Wide Volkswagen Corp. v. Woodson, this is normally a seamless endeavor for commercial litigators.