Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

WARNING: Follow Rules Governing Objections to Discovery Requests or Waive Them

On February 28, 2017, Southern District of New York Magistrate Judge Andrew J. Peck issued a warning shot, styled as a “wake-up call,” to the SDNY Bar: comply with the now 15-month-old amendments to the Federal Rules of Civil Procedure when objecting to requests for the production of documents and electronically stored information (ESI), or do not bother objecting at all. Continue Reading

Understanding Your Employment Practices Liability Insurance Coverage

Employment Practices Liability Insurance (EPLI) policies typically provide coverage for both the company and its employees for certain defined “wrongful employment acts,” such as discrimination, illegal harassment, retaliation and wrongful termination. Navigating an EPLI policy can be tricky. Proskauer’s Anthony Oncidi and Bradley Lorden analyze the pros and cons to assist employer policyholders in procuring the type and amount of EPLI coverage they need and want.

Read the full Thomson Reuters article here.

Data Breach 101, Part I: Data Breach Notification Laws

In 2017, there are few words that make companies – and their counsel – shudder more than “data breach.” Recent high-profile breaches and the resulting litigation have shown that breaches can be embarrassing, harmful to a company’s brand, and extremely expensive to handle – both in terms of response costs and, potentially, damages paid to the affected individuals, third parties, and regulators. As headline-grabbing security incidents increasingly become a fact of life, litigators need to develop familiarity with the issues associated with data breaches so they can be prepared to walk their clients through the aftermath. This is the first in a series of blog posts about what commercial litigators need to know about data breaches. Continue Reading

Revised ICC Arbitration Rules Go into Effect

On March 1st, the revised Arbitration Rules of the International Chamber of Commerce (ICC) took effect. The revised Rules seek to enhance time and cost efficiency as well as transparency, and will apply to all arbitrations initiated on or after that date. Continue Reading

When is An Extension Not an Extension? When It Raises Jurisdictional Problems

When a district court issues an order extending a filing deadline, it is usually safe to assume that your client will not be prejudiced as long as you file within the period ordered by the court.

However, consider the case of Charmaine Hamer. She recently lost summary judgment on an age-discrimination claim against her former employer and sought to appeal. Prior to the expiration of the 30-day period for filing a notice of appeal prescribed by FRAP 4(a), she asked the district court for an extension. The district court granted her an additional 65 days to file her notice. Hamer then filed the notice within the extended period prescribed by the court, and the case went up to the Seventh Circuit. Continue Reading

Proposed Amendment Requires Supporting Papers to Accompany TROs

Currently, the New York Civil Practice Law and Rules permit temporary restraining orders (“TROs”) to be issued without notice to the opposing party – though this practice is discouraged by most judges. CPLR § 6313(a). Notice is not required  if the moving party can demonstrate that there will be significant prejudice by reason of giving the notice. Commercial Division Rule 20. When notice is required, however, there is no requirement that the movant attach the underlying papers describing the ground for issuing a TRO. Continue Reading

Social Media eDiscovery: Filter Needed

A ski trip with your fiancé results in a great photo of the two of you on a snow covered mountain; obviously, the picture is destined for your Facebook page. This picture may be used for more than to show off your good time and skiing ability, however, if you’re the plaintiff in a personal injury lawsuit. In Scott v. United States Postal Service, which concerns a personal injury suit, a Louisiana District Court recently held that while social media is discoverable, discovery requests involving social media must still be tailored to lead to relevant and admissible evidence. Continue Reading

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