Articles & Interviews


The Shorter Arm of Long-Arm Jurisdiction: Post-Daimler, the framework is the same but the analysis has shifted

Picture this: you are the general counsel of the New York subsidiary of a foreign parent corporation. You have just received a New York federal complaint naming your company and its parent corporation as defendants in a lawsuit alleging events in which the parent had no involvement in New York....

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Scope of the Common-Interest Privilege in Light of Ambac v. Countrywide

Determining whether written communications with outside parties may be protected from disclosure under the common-interest doctrine can be complicated in light of the differing legal standards applied by federal and state courts. For example, New York courts have held, up until recently, that...

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Civil Justice

Proportionality: The Continuing Effort to Limit the Scope of Discovery

In an attempt to reign in increasing discovery costs, in September 2014, the Judicial Conference of the United States approved amendments to Federal Rule of Civil Procedure 26. The revised rule, now pending before the Supreme Court, attempts to further narrow and limit discovery by explicitly...

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