Litigation

Recent Posts

William A. Ruskin: Crafting A Strong E-Discovery Proposed Order
Posted on 24 Sep 2012 by William A. Ruskin

By William A. Ruskin In an earlier article on January 5, 2012 , we discussed how New York practitioners should stay abreast of important new rules and proposed rules governing e-discovery in both the state and federal courts in New York. At that time... Read More

New York's First Department Adopts Even More Of Zubulake
Posted on 15 Mar 2012 by William A. Ruskin

By William A. Ruskin On February 28, 2012, the Appellate Division, First Department, issued its decision in U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc ., 2012 N.Y. App.Div. LEXIS 1487 [ enhanced version available to lexis.com subscribers ]... Read More

Computers Replacing Lawyers In Reviewing Documents?
Posted on 12 Mar 2012 by William A. Ruskin

By William A. Ruskin For those of us who work on document-intensive litigations, take note of Magistrate Judge Andrew J. Peck's (SDNY.) opinion released on February 24, 2012 in Monique Da Silva Moore, et al. v. Publicis Groupe and MSL Group , Case... Read More

William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System?
Posted on 5 Feb 2013 by William A. Ruskin

By William A. Ruskin In an earlier article , we discussed the significance of Magistrate Judge Andrew J. Peck's (SDNY) opinion in Da Silva Moore v. Publicis Groupe [ enhanced version available to lexis.com subscribers ], a highly publicized decision... Read More

William A. Ruskin: Hand Over The Cash Or The Hard Drive Gets It!
Posted on 22 Nov 2013 by William A. Ruskin

By William A. Ruskin | In January 2013, GlaxoSmithKline (“GSK”) filed a complaint in New York state court alleging that its e-discovery vendor, Discovery Works Legal Inc., was “holding hostage over 20 terabytes of GSK’s most... Read More

Remedies For Spoliation Of Evidence
Posted on 6 Apr 2012 by William A. Ruskin

New York state courts are increasingly turning to federal Zubulake standards [ enhanced version available to lexis.com subscribers ] when confronted with spoliation of electronic evidence issues. However, in dealing with garden variety spoliation of evidence... Read More

Connnecticut Court Orders Metadata Produced
Posted on 14 Mar 2012 by William A. Ruskin

By William A. Ruskin Connecticut state courts have not provided a rule to address electronic discovery that would give guidance to litigants in a manner similar to the federal rules. In a significant decision, issued on November 18, 2011, the Hon.... Read More

William A. Ruskin: E-Discovery Examined In Depth
Posted on 23 Jul 2012 by William A. Ruskin

By William A. Ruskin On July 16-17, 2012, Executive Counsel Institute conducted a cutting edge meeting in New York titled, "E-Discovery for the Corporate Market." The theme of the two day meeting was "Controlling Your E-Discovery Destiny... Read More

  • Blog Post: Computers Replacing Lawyers In Reviewing Documents?

    By William A. Ruskin For those of us who work on document-intensive litigations, take note of Magistrate Judge Andrew J. Peck's (SDNY.) opinion released on February 24, 2012 in Monique Da Silva Moore, et al. v. Publicis Groupe and MSL Group , Case 11 Civ. 1279 (ALC)(AJP). Judge Peck's decision...
  • Blog Post: Connnecticut Court Orders Metadata Produced

    By William A. Ruskin Connecticut state courts have not provided a rule to address electronic discovery that would give guidance to litigants in a manner similar to the federal rules. In a significant decision, issued on November 18, 2011, the Hon. Barbara Brazzel-Massaro, who sits in Complex Litigation...
  • Blog Post: New York's First Department Adopts Even More Of Zubulake

    By William A. Ruskin On February 28, 2012, the Appellate Division, First Department, issued its decision in U.S. Bank N.A. v. GreenPoint Mortgage Funding, Inc ., 2012 N.Y. App.Div. LEXIS 1487 [ enhanced version available to lexis.com subscribers ], which adopted the standards established in the SDNY's...
  • Blog Post: Remedies For Spoliation Of Evidence

    New York state courts are increasingly turning to federal Zubulake standards [ enhanced version available to lexis.com subscribers ] when confronted with spoliation of electronic evidence issues. However, in dealing with garden variety spoliation of evidence scenarios, not involving ESI, New York courts...
  • Blog Post: William A. Ruskin: E-Discovery Examined In Depth

    By William A. Ruskin On July 16-17, 2012, Executive Counsel Institute conducted a cutting edge meeting in New York titled, "E-Discovery for the Corporate Market." The theme of the two day meeting was "Controlling Your E-Discovery Destiny." The Colloquium Moderators, Brown E. Marean...
  • Blog Post: William A. Ruskin: Crafting A Strong E-Discovery Proposed Order

    By William A. Ruskin In an earlier article on January 5, 2012 , we discussed how New York practitioners should stay abreast of important new rules and proposed rules governing e-discovery in both the state and federal courts in New York. At that time, the New York State Bar Association had just released...
  • Blog Post: William A. Ruskin: Predictive Coding: Will E-Discovery Swallow The Judicial System?

    By William A. Ruskin In an earlier article , we discussed the significance of Magistrate Judge Andrew J. Peck's (SDNY) opinion in Da Silva Moore v. Publicis Groupe [ enhanced version available to lexis.com subscribers ], a highly publicized decision that approved of the use of computer-assisted...
  • Blog Post: William A. Ruskin: Hand Over The Cash Or The Hard Drive Gets It!

    By William A. Ruskin | In January 2013, GlaxoSmithKline (“GSK”) filed a complaint in New York state court alleging that its e-discovery vendor, Discovery Works Legal Inc., was “holding hostage over 20 terabytes of GSK’s most sensitive and confidential data, and threatened to...