Recently, E.D.N.Y. Magistrate Judge Steven M. Gold ordered that a third-party subpoena may be served upon an internet service provider (“ISP”) to identify information about network users who allegedly infringed copyrighted material.… Continue Reading
On July 10, 2017, the Consumer Financial Protection Bureau (CFPB) issued a new rule that would make it easier for consumers to bring class action lawsuits against financial institutions. The new rule bans financial institutions from using mandatory arbitration clauses in consumer contracts to prevent and avoid class action lawsuits. If the new rule goes … Continue Reading
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 … Continue Reading
A unanimous New York Court of Appeals recently held that the acceptance of an auction bid for the sale of a syndicated loan may constitute a final and binding trade, even if there is language indicating that the agreement is “subject to” the execution of a mutually acceptable, written agreement. The ruling overturns a New … Continue Reading
Even though Microsoft is a U.S. corporation subject to domestic subpoenas and warrants, prosecutors are not entitled to emails stored on its servers abroad, the Second Circuit ruled last week in Microsoft Corp. v. United States. In a majority opinion by Judge Carney, the Court held that warrants under the Stored Communications Act (“SCA”) are … Continue Reading
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
