Federal Rules of Civil Procedure, Commercial Litigation

Practice Pointers and Potential Pitfalls of a Corporate Deposition

Butler Snow LLP on 7/1/2024

A corporate deposition authorized by Fed. R. Civ. P. 30(b)(6), and similar state rules[1] is a powerful discovery device with far-reaching implications. Entities served with such a notice face significant burdens to select...more

Difficult Decisions About Cloned Discovery Can Leave Companies Seeing Double

Vinson & Elkins LLP on 5/6/2024

Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are...more

Comparing New York State’s Court Rule Governing Entity Depositions to Federal Rule of Civil Procedure 30(b)(6)

Epstein Becker & Green on 6/8/2023

The New York State Court Rule (the “Rule”), 22 NYCRR 202.20-d, that governs entity depositions is intended to streamline the method for examining entities. Although it is similar to FRCP 30(b)(6), it is not entirely the same....more

Default Judgment Sanction Against Defendants for Failure to Produce Slack Messages

Nelson Mullins Riley & Scarborough LLP on 10/5/2022

In Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, Gregory V. Moeller, Growthworks, LLC, Michael Harradon, and Jon Moeller, the United States District Court for the District of Massachusetts entered a default...more

Making an Offer That They (Perhaps Shouldn’t) Refuse: A Closer Look at Offers of Judgment Under Rule 68

Adler Pollock & Sheehan P.C. on 9/29/2022

Rule 68 has a reputation of being “among the most enigmatic” and “underutilized” of the Federal Rules of Civil Procedure. An attorney’s failure to understand and effectively use Rule 68 could be costly. ...more

Amendment to Rule 7.1 Seeks to Resolve Federal Court Diversity Issues at the Outset of Cases But It May Not Achieve Its Goal

Proskauer - Minding Your Business on 6/22/2022

A proposed amendment to Federal Rule of Civil Procedure 7.1, which had previously required information so judges could determine if they had a conflict of interest, would require a party in a diversity action to name and...more

Beware Defaulting Parties in Arbitration Proceedings

Felicello Law PC on 5/17/2022

If you represent clients in dispute resolution matters for any substantial period of time, eventually you will encounter an adversary who refuses to appear and participate in an arbitration proceeding. Perhaps this adversary...more

Avoiding Judicial Conflicts of Interest: New ComDiv Rule 35 Will Require Corporate Disclosure Statements

Farrell Fritz, P.C. on 10/22/2021

Aficionados of Commercial Division practice know that the ComDiv rules originally were — and, as evidenced by an Administrative Order earlier this month, continue to be — modeled after the federal rules. Efficiency begets...more

Federal Rules of Civil Procedure › Commercial Litigation

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