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Tag Archives: Advocate’s View

Advocate’s View: Discovery sanctions in securities arbitrations

The limited pre-hearing discovery that is available to the parties in arbitrations conducted under the auspices of the Financial Industry Regulatory Authority has not immunized those proceedings from discovery abuses. FINRA recently amended its arbitration rules to expressly allow the ...

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Advocate’s View: Fundamentals of international service of process

When faced with a foreign defendant who refuses to accept service of process voluntarily, counsel for the plaintiff must navigate the various paths available for effecting proper service abroad. The road to achieving proper service is fraught with numerous possible ...

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Advocate’s View: Play it safe by issuing a written litigation hold notice

At deposition, opposing counsel abruptly asks your client whether his company circulated a litigation hold notice to its employees. “I instructed everyone to preserve their documents,” he responds. “Did anyone put that instruction in writing?” asks opposing counsel. Based on ...

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Advocate’s View: COA sends long arm jurisdiction to the dogs

The task of construing long arm jurisdiction under CPLR §302 (a)(1)-(4) is enough to send most practitioners to the nearest vending machine for chocolate and soda. The task becomes more mind-numbing where the analysis involves a claim for defamation. In ...

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Advocate’s View: Madoff and fraud claims against third parties

By now, everyone has heard of Bernard Madoff, the investment fund manager who managed to operate a massive Ponzi scheme for more than 20 years without detection. It is alleged that for years, Madoff engaged in virtually no trading for his investment clients, and kept entirely fictitious records of investments, profits and losses.

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Advocate’s View: Discordant rhythms in Rules of Professional Conduct

Jazz musicians will tell you that one of the keys to jazz is the polyrhythm, which is the simultaneous occurrence of two or more conflicting rhythms. The outcome can be pure music magic, as evidenced by the many wonderful jazz musicians who have appeared at this year’s Rochester International Jazz Fest.

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Advocate’s View: COA gives guidance on common law duties

In a previous article, I wrote that the New York Court of Appeals had been presented with an opportunity to limit or abandon the so-called Mohawk doctrine. In Bessemer Trust Co, N.A. v. Branin, the court of appeals addressed the implied covenant, under common law ...

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Advocate’s View: Are amendments really ever freely given?

Unilaterally amending a pleading early in a lawsuit is one of the rare freebies for a “do-over” that the law provides. When a party is in New York state court, it can amend its pleading as a matter of right within 20 days after service of the pleading or after service of a pleading responding to it.

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Advocate’s View: Attorney fee applications and Dante’s ‘Inferno’

Making an attorney fee application causes me considerable angst. Even though the application comes on the heels of a successful outcome, it is too personal. While the primary litigation is certainly a test of an attorney’s substantive knowledge, experience and strategic acumen ...

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