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Tag Archives: Advocate’s View

Advocate’s View: COA gives meaning to ‘control’ in document discovery

CPLR Article 31 governs the production of documents in a person’s “possession, custody or control,” CPLR 3111 (production of materials at deposition); CPLR 3120(1)(i) (production in response to a notice to produce or subpoena duces tecum). A person responding to ...

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Advocate’s View: Suggestions for successful mediations

No longer is mediation the new strategy on the block; however it continues to be discussed and, in some cases debunked by litigants and their counsel. One might ask, “What reasons underlie the negative reactions to mediation?” In my experience, ...

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Advocate’s View: Difficulties with stipulating out of fed jurisdiction

A recently decided U.S. Supreme Court case, The Standard Fire Insurance Company v. Knowles, provides an opportunity to revisit the principles of federal diversity jurisdiction, particularly the amount in controversy requirement. While the Standard Fire case was a class action, ...

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Advocate’s View: Disclosure, interviews of corporate employee witnesses

CPLR 3101 requires the “full disclosure of all matter material and necessary in the prosecution or defense of an action.” Standard discovery demands almost always include a demand for the identification of witnesses and disclosure of the witnesses’ address or ...

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Advocate’s View: FINRA arbitration, mediation for non-member advisors

All Registered Investment Advisors are supervised by the Securities and Exchange Commission. However, many RIAs have little connection to the Financial Industry Regulatory Authority. Unless an advisory firm is dual-registered (as an investment advisor with the SEC and as a ...

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Advocate’s View: Social media accounts, postings in discovery

A recent decision from the Appellate Division, Fourth Department, provides guidance to practitioners navigating the issue of discovery of social media accounts and postings. This issue arises with increasing frequency, especially in personal injury cases, and both sides must assess ...

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