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Epstein Becker & Green

“Unsworn” Attorney Affirmations: Overlooked Side Effect of Changes to CPLR 2106

By now, most New York practitioners are aware (or at least have heard) of the recent changes to CPLR 2106, which was amended as of January 1, 2024 to allow “any person” to submit an affirmation “in lieu of and with the same...more

Furia Rubel Communications, Inc.

The Impact of Media and Technology on the Litigation Landscape with Sabrina Mizrachi, Deputy General Counsel at Estée Lauder

In this episode, Gina Rubel goes on record with Sabrina Mizrachi, who is the Vice President and Deputy General Counsel of Litigation and Global Product Regulatory at Estée Lauder. Sabrina provides regulatory guidance, manages...more

Proskauer - Minding Your Business

New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging

California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold....more

McManis Faulkner

60 Days Before Trial: Ready, Set, Go!

McManis Faulkner on

After months of hard work, countless hours poring over exhibits and documents, and late nights at the office, your case is headed to court. You are confident that you will be ready when the time comes, but as the date of...more

Esquire Deposition Solutions, LLC

How New Rules for Virtual Hearings Affect Remote Depositions as Well

The rapid transition to technology-enabled remote court hearings shows no signs of abating, with several state supreme courts proposing in recent weeks amendments to civil procedure rules that would standardize virtual...more

Farrell Fritz, P.C.

Proposed Commercial Division Rule Change Gives Remote Proceedings Even More Staying Power

Farrell Fritz, P.C. on

It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those protocols, and they remain the preferred forum...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

Farrell Fritz, P.C.

New Supreme Court Rule on Summary Judgment Motions: “Just the Facts, Ma’am”

Farrell Fritz, P.C. on

Practitioners often choose to practice in the Commercial Division because of its well-documented efficiencies.  Thus, many were happy to hear that Chief Administrative Judge Larry Marks issued Administrative Order 270/2020...more

Farrell Fritz, P.C.

ComDiv Rule 1 Amended: Request to Appear Remotely, Avoid Infection, and Save Your Clients a Buck

Farrell Fritz, P.C. on

To be sure, much has been reported on here at New York Commercial Division Practice concerning Commercial Division innovation — including in the areas of courtroom technology and, more recently, in adapting to the “new norm”...more

Lewitt Hackman

Jump Client Cases to the Front of the Line – Use Judicial Reference

Lewitt Hackman on

Due to COVID-19, courts in many California counties suspended civil trials, if they did not close to civil filings altogether. As of May 7, 2020 courts in these 14 counties were closed for all civil matters...more

Carlton Fields

Brief Writing in an Age of Virtual Oral Appellate Arguments

Carlton Fields on

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

Seyfarth Shaw LLP

California Residential and Commercial Evictions and Judicial Foreclosures Prevented by Emergency Amendments to California Rules of...

Seyfarth Shaw LLP on

On April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court regarding evictions under commercial and residential leases and judicial foreclosures....more

Seyfarth Shaw LLP

COVID-19 Continues to Impact Civil Litigation and Discovery in a Variety of Ways

Seyfarth Shaw LLP on

We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. The COVID-19 pandemic continues to slow down most civil cases throughout the United States, and is impacting…...more

Seyfarth Shaw LLP

COVID-19: New York Courts Begin to Resume Hearing Non-Essential Matters—Remotely

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an April 7, 2020 memorandum, New York’s Chief Administrative Judge laid out New York Courts’ plan to begin resume hearing non-essential matters, including asking judges to schedule remote conferences if...more

Seyfarth Shaw LLP

CA Judicial Council Adopts Rules Concerning Statute of Limitations, Evictions and Judicial Foreclosures, and Remote Accessibility...

Seyfarth Shaw LLP on

Civil litigators and Superior Courts in California were given some temporary relief from uncertainty this week when the state’s Judicial Council adopted rules to address the COVID-19 pandemic shut downs, including extending...more

Proskauer - Minding Your Business

Five Key Takeaways from the New Emergency Judicial Procedures in the Eastern District of California

Federal court judges in California are facing a crisis caused by expanding caseloads coupled with increasing vacancies in judicial seats that remain unfilled. United States District Court Judge Dale A. Drozd of the Eastern...more

Carlton Fields

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

Carlton Fields on

In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

Farrell Fritz, P.C.

Three New Rule Amendments Proposed by the Commercial Division Advisory Council

Farrell Fritz, P.C. on

The Commercial Division Advisory Council (the “Advisory Council”) has proposed three new amendments to the Commercial Division Rules: (1) a proposed amendment to Rule 1, which will allow counsel to participate in court...more

Farrell Fritz, P.C.

Litigator's Toolkit: Know the Law, Know the Rules, Know your Judge

Farrell Fritz, P.C. on

We all know that understanding the law is a first step to good lawyering. But understanding what the particular judge assigned to your case likes and dislikes, and her pet peeves is just as important for your success as an...more

Farrell Fritz, P.C.

Commercial Division Rules in Favor of … “The Junior Associate”

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

Check the Rules Part IX: More Procedural Particularities of Practicing in the Commercial Division

Farrell Fritz, P.C. on

As readers of this blog have come to appreciate, we here at New York Commercial Division Practice tend to report on — among other things Commercial Division — the procedural particularities of litigating commercial matters...more

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