Posts Categorized: Discovery/Disclosure

Posted: August 6, 2018

Party Waives Work Product Protection By Voluntarily Producing Documents to SEC

On July 25, 2018, Justice Masley of the New York County Commercial Division issued a decision in Antipodean Dom. Partners, L.P. v. Clovis Oncology, Inc., 2018 NY Slip Op. 31812(U), holding that a party had waived work product protection by voluntarily producing documents to the SEC, explaining: Generally, voluntary disclosure of privileged communication waives privilege… Read more »

Posted: May 12, 2018

IAS Court Did Not Err in Striking Defendants’ Pleadings as a Discovery Sanction

On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 03465, affirming the striking of defendants’ pleadings as a discovery sanction, explaining: The motion court’s decision to strike, based on a finding that defendants’ conduct with respect to its discovery obligations was willful and contumacious and without… Read more »

Posted: March 8, 2018

Standard Policy Forms May Serve as Secondary Evidence of a Lost Policy’s Terms

On February 26, 2018, United States Magistrate Judge H. Kenneth Schroeder of the WDNY issued a decision in American Precision Indus., Inc. v. Federal Ins. Co., Case No. 14-CV-1050-RJA-HKS, holding that an insured could obtain discovery of standard forms used by the insurer as “secondary evidence” of a lost insurance policy’s terms. An insurance policy… Read more »

Posted: February 8, 2018

Parties Not Allowed to Conduct Additional Relevance Review of Documents Found by ESI Search

On January 29, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Matter of Nomura Asset Acceptance Corp. Alternative Loan Trust, Series 2007-1 v. Nomura Credit & Capital, Inc., 2018 NY Slip Op 30161(U), holding that the parties to an agreement regarding ESI search terms were not allowed to conduct… Read more »

Posted: February 7, 2018

Magistrate Judge Pollak Denies Motion To File Reply Under Seal Explaining That The Requirements To File Under Seal Are More Exacting Than Confidentiality Under A Discovery Protective Order

Posted by Solomon N. Klein, Litigation Partner Magistrate Judge Cheryl L. Pollak recently denied a plaintiff’s motion to file her reply under seal despite a confidentiality stipulation and order requiring that documents designated as confidential be filed under seal. (Martinez v. City of New York, 16 CV 79 (E.D.N.Y. Jan. 26, 2018) (AMD)(CLP)). The Court… Read more »

Posted: January 20, 2018

Limited Record Before Trial Court Did Not Justify Striking Answer as Discovery Sanction

On January 17, 2018, the Second Department issued a decision in PAL Envtl. Servs., Inc. v. LJC Dismantling Corp., 2018 NY Slip Op. 00301, reversing an order granting a discovery sanction, explaining: As public policy strongly favors the resolution of actions on the merits whenever possible, the striking of a party’s pleading is a drastic… Read more »

Posted: November 28, 2017

Judge Cogan Re-Imposes Sanctions in Case of International Intrigue

District Judge Brian M. Cogan recently re-imposed sanctions on the defendants in Funk v. Belneftekhim a/k/a Concern Belneftekhim, 14 CV 0376 (E.D.N.Y. Oct. 17, 2017) after the Second Circuit addressed the nuances of sanctioning parties for non-compliances with jurisdictional discovery. Of course, the term “jurisdictional discovery” is a bit of a misnomer, since a court… Read more »