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Searching Content indexed under Court Procedure by Proskauer Rose LLP ordered by Published Date Descending.
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1
The Right To Counsel In Civil Proceedings: An International Perspective
In the United States, people of limited means suffer a tremendous unmet need for legal services in civil proceedings.
United States
30 Apr 2019
2
New Coalition Pressing For Court Reform In New York State
The Fund For Modern Courts and Proskauer hosted representatives from a diverse coalition of organizations in New York State and leaders of the state bar at our New York office on May 3...
United States
11 May 2018
3
Supreme Court Takes Its Toll: Holds That Statute Of Limitations For State Claims Stops While In Federal Court
On January 22, 2017, the U.S. Supreme Court issued its first 5-4 merits decision of the term in Artis v. District of Columbia.
United States
30 Jan 2018
4
Ancient ESI: A Survey Of The Ancient Documents Exception
Should Titanic's Box Office release or the debut of Harry Potter already be described as events from the ancient past? It would hardly seem so.
United States
5 Jan 2018
5
Ninth Circuit Considers Pre-Appeal Conduct In Plan's Request For Appellate Attorney's Fees
The Ninth Circuit ruled that a district court erred by failing to consider the entire course of the litigation when analyzing a request for attorney's fees under ERISA and remanded the case for a calculation of fees.
United States
17 Nov 2017
6
When It Comes To Pretrial Publicity, Should Lawyers Let Their Clients Do The Talking?
When it overturned a federal court's order suppressing a litigant's right to publicly gripe about a pending suit late last month, the Ninth Circuit took the opportunity to remind those of us in the legal profession that ...
United States
13 Nov 2017
7
The Supreme Court Enters The Digital Age
Electronic filing is coming to the U.S. Supreme Court! Effective November 13, 2017, amendments to the Supreme Court's rules take effect that require represented parties (and their amici) to submit petitions...
United States
12 Oct 2017
8
Copyright Plaintiff Allowed To Subpoena ISP To Discover Defendant's Name
The court granted leave for plaintiff to subpoena the purported defendant's ISP, but with significant and unusual caveats.
United States
5 Apr 2017
9
No Emergency Injunction Appeal In Chamber's Challenge To DOL Rule
On March 20, 2017, a federal court in the Northern District of Texas denied the U.S. Chamber of Commerce's emergency motion for an injunction pending appeal challenging implementation of the Department's conflict of interest rule and related exemptions.
United States
28 Mar 2017
10
When is An Extension Not An Extension? When It Raises Jurisdictional Problems
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.
United States
16 Mar 2017
11
Revised ICC Arbitration Rules Go Into Effect
On March 1st, the revised Arbitration Rules of the ICC took effect. The revised Rules seek to enhance time and cost efficiency as well as transparency, and will apply to all arbitrations initiated on or after that date.
United States
14 Mar 2017
12
Too Late To Ask the Court to Retain Jurisdiction to Enforce a Settlement Agreement?
Imagine this scenario: after years of litigation in federal court, your client reaches a settlement agreement with the opposing party.
United States
22 Feb 2017
13
NY Court Of Appeals Finds Personal Jurisdiction Based On Use Of NY Correspondent Bank Accounts
A sharply divided New York Court of Appeals recently held that defendants who allegedly made intentional and repeated use of New York correspondent bank accounts for money laundering...
United States
13 Dec 2016
14
Slapped Down: California Supreme Court Rules Anti-SLAPP Law Applies To Mixed Causes Of Action
In Baral v. Schnitt, the California Supreme Court addressed a question that has divided California appellate courts for more than a decade.
United States
20 Sep 2016
15
In Top "Form" – The NY Commercial Division's Continuous Efforts To Increase Efficiency And Reduce Litigation Costs
As outlined in previous posts, the New York Commercial Division seeks to be a forward-thinking forum that adopts rule changes aimed at increasing efficiency and decreasing litigant costs.
United States
9 Sep 2016
16
The Science Behind Expert Disqualification
For years, expert witness conflicts doctrine has been developed through the federal common law.
United States
18 Aug 2016
17
Can Parties Use Settlement Agreements To Vacate A Prior Judgment?
The Eleventh Circuit decision is consistent with analyses out of the First and Second Circuits.
United States
26 Jul 2016
18
New York's Commercial Division Requires Motion To Seal When Redacted Documents Are Filed
The Commercial Division of the Supreme Court of the State of New York recently adopted a new form of confidentiality order that eliminates the option to e-file documents redacted for confidentiality without a motion to seal.
United States
21 Jul 2016
19
SCOTUS Puts An End To Ecuador's Appeal Of $96 Million Arbitration Award In Favor Of Chevron
The case arose out of a decades-long contractual dispute between Ecuador and Texaco Petroleum.
United States
3 Jul 2016
20
Is The Jury Out On Whether The Jury Can Be Brought Back In?
The jury renders its verdict. No party objects. The judge thanks the jury for its service, discharges them, and tells them they are free to go.
United States
1 Jul 2016
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