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Tag Archives: Sarah Snyder Merkel

Limiting legal process by proxy

  In a decision issued just last week, a divided New York State Court of Appeals applied the age-old doctrine of champerty, barring litigation brought by plaintiff Justinian Capital SPC (“Justinian”).  Justinian Capital SPC v. WestLB AG, 2016 N.Y. Slip ...

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Trials & Tribulations: Importance of employer policies on technology

From alleged NSA email access to Google’s recent defense of the purported data-mining of emails sent and received through its email services, third-party access to electronic communications has been the subject of recent media reports, discussion and litigation. Moreover, devices ...

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Trials & Tribulations: Witness review of privileged docs: Perils and protections

Most depositions include an inquiry into what documents the witness has reviewed in preparation for her testimony. Yet this ubiquitous question can prove problematic, especially if the witness has reviewed privileged material. Likewise, the very compilation of documents for witness ...

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Trials & Tribulations: ‘Fall’ cleaning for attorneys – document, file retention

Even the “greenest” attorneys are often left with mountains of paper following the conclusion of a matter. Electronic communications compound the problem, as attorneys struggle with what to print or store. With new matters looming on the horizon, preparing and ...

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