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Commercial Litigation Trial Practice Guidance

Robson & Robson, P.C.

6 Things To Consider Before Litigation

Robson & Robson, P.C. on

Six Considerations 1) What you hope to get out of litigation (01:50) 2) Disruption litigation can cause to daily business operations (05:52) 3) Consider the effects litigation will have to your business outside the...more

Farrell Fritz, P.C.

An Evening with New York’s Commercial Division Justices 2024: Takeaways & Insights

Farrell Fritz, P.C. on

As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings in the world of the Commercial Division...more

Farrell Fritz, P.C.

Keep it Secret, Keep it Safe: Commercial Division Protects Corporate Client Communications Under the Common-Interest Doctrine

Farrell Fritz, P.C. on

The attorney-client privilege is an old and well-known evidentiary privilege. It fosters candor between attorney and client, protects confidential information from being revealed to others, and ensures that the attorney can...more

Polsinelli

10 Steps to Better Managing Mass Tort Litigation

Polsinelli on

From the now decades old asbestos litigation to pharmaceuticals and product liability cases to the newly developing PFAS or “forever chemical” lawsuits, mass tort litigation has increasingly become the tool of choice by which...more

Farrell Fritz, P.C.

To Disclose or Not to Disclose: The Importance of Putting Everything in Writing

Farrell Fritz, P.C. on

Section 3101(a) of the CPLR provides for the “full disclosure of all matter material and necessary in the prosecution or defense of an action.” This standard requires the disclosure “of any facts which will assist preparation...more

Farrell Fritz, P.C.

Signed, Sealed, Delivered

Farrell Fritz, P.C. on

Under Section 216.1(a) of the Uniform Rules for Trial Courts (“Section 216.1(a)”), courts are authorized to seal documents “upon a written finding of good cause, which shall specify the grounds thereof.” Section 216.1(a)...more

Farrell Fritz, P.C.

Navigating Appearances Before Commercial Division Justice Timothy S. Driscoll: Tips for Young Lawyers and A Refresher for Seasoned...

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

Discovery Sanctions Alert: Failure to Include Withheld Items on Privilege Log Lands Party in Hot Water

Farrell Fritz, P.C. on

Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege.  Enacted in 2014, Rule 11-b substantially streamlines the privilege log process by encouraging...more

IMS Legal Strategies

Working with Experts after Proposed 702 Rule Changes

IMS Legal Strategies on

On June 7, 2022, the Judicial Conference Committee on Rules of Practice and Procedure approved amendments to several of the Federal Rules of Evidence—including Rule 702, which governs the admissibility of expert witness...more

Farrell Fritz, P.C.

Commercial Litigation in New York State Courts, 5th Edition Chapter 39, “Practice Before the Commercial Division”: A Review

Farrell Fritz, P.C. on

As frequent readers of this blog are no doubt aware, the ten-volume practice treatise entitled Commercial Litigation in New York State Courts and edited by distinguished commercial practitioner Robert L. Haig (the “Haig...more

Farrell Fritz, P.C.

Rule Change Alert: Readability Is Key For Responsive Pleadings Under New Rule 6 (d)

Farrell Fritz, P.C. on

As practitioners and readers of this blog are aware, responsive pleadings are foundational documents prepared at the earliest stage of a litigation in which the responding party denies, admits, or states that she lacks...more

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