Recently by Norman C. Simon
Consumer Protection
Consumer Fraud Class Actions: A Status Report
Editor: What trends are you seeing in consumer fraud class action cases? Weinberger: We are seeing more of them, and more are being brought in federal court. It could be that plaintiffs are turning to the consumer fraud area because Congress has made it more difficult to bring securities...
Read MorePension Committee Revisited: Eight Months Later
Introduction Eight months ago, Judge Shira A. Scheindlin of the Southern District of New York issued a notable opinion in Pension Committee of the University of Montreal Pension Plan, et al. v. Banc of America Securities, LLC, et al. , 685 F. Supp. 2d 456 (S.D.N.Y. Jan. 15, 2010 as amended May...
Read MoreE-Discovery Sanctions In New York Supreme Court: Einstein v. 357 LLC
Introduction Over the past few years, courts in various jurisdictions have imposed sanctions for a party's failure to fulfill preservation or production obligations relating to electronically stored information ("ESI"). Recently, in a case pending in the Commercial Division of the New York...
Read More"You've Got Mail!" Can Sending An Email Be Enough To Establish Personal Jurisdiction?
In our e-commerce society, companies routinely exploit the ease of technology, with parties on opposite sides of the country - and even the world - conducting business without leaving the office. Agreements are sometimes executed via cyberspace that ultimately may result in litigation. Even...
Read MoreElectronic Discovery: The Great Metadata Debate
Metadata - which is embedded "data about data" - may reveal information about an electronic document's creation and modification, including who authored or commented upon a draft, and what edits or other contributions were made to the final document. As guidelines continue to evolve for the...
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