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

Stacey P. Eilbaum

Stacey Eilbaum is an associate in the Litigation Department. Her practice involves a variety of complex commercial litigation matters, including contract disputes, securities litigation, cross-border commercial disputes and domestic and international arbitration. Stacey has appeared in state and federal court and in proceedings before JAMS and the International Chamber of Commerce.

Stacey’s recent representations include an international arbitration based in London under the ICC Rules concerning indemnity provisions in a personnel supply agreement and securities litigation in New York related to the multibillion-dollar Petrobras scandal in Brazil.

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Firm’s Computer Policy Doesn’t Undermine Claim of Privilege Over “Private” Communications With Counsel

New York City apartment living can spawn interesting legal disputes when neighbors fail to resolve their grievances amicably and resort to the courts. Sometimes these disputes bring fanfare as well as opportunities to observe traditional rules of law in action. A recent decision in the ongoing dispute between actor Justin Theroux and his neighbors (Theroux … Continue Reading

Recent Decisions Spotlight Arbitration Agreements in Online Delivery Service Terms and Conditions

By Stacey P. Eilbaum on September 22, 2020 Posted in Appellate, Arbitration, Commercial Litigation, Litigation

The global pandemic has brought about countless changes, including, for many households, increased reliance on online retail and delivery services, such as Amazon. When consumers sign up for these services or place their orders, they are likely to see a notice regarding terms and conditions, which may include an arbitration agreement pursuant to which the consumer … Continue Reading

First Department Finds Work-Product Protection Not Waived by Storage of Documents on Company Laptop

By Stacey P. Eilbaum on June 12, 2017 Posted in Appellate

On June 6, 2017, the First Department had an opportunity to apply—and reaffirm—last month’s decision in Peerenboom v. Marvel Entm’t, LLC, where the Court held that use of a company email system for personal purposes “does not, standing alone, constitute a waiver of attorney work product protections” even if the user lacked reasonable assurance of … Continue Reading

Amended Rule 34: No Boilerplate Objections, but Specificity Remains a Question

By David M. Jacobson, Stacey P. Eilbaum and Brittany Benavidez on March 15, 2016 Posted in Federal Rules

Amended in December alongside many other rules in the Federal Rules of Civil Procedure, Rule 34(b)(2)(B) now requires that objections to document requests be stated with “specificity.” The early applications of the amended rule demonstrate that boilerplate objections will not stand, but courts have yet to answer more nuanced questions regarding the level of specificity … Continue Reading