Blogs

Posts Categorized: Discovery/Disclosure

Posted: July 29, 2014

Analyses Performed by Litigation Counsel Not Work Product When Done to Meet Contractual Obligation

On July 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Home Equity Mortgage Trust Series 2006-1 v. DLJ Mortgage Capital, Inc., 2014 NY Slip Op. 31923(U), granting a motion to compel the production of analyses performed by litigation counsel. In Home Equity Mortgage Trust Series 2006-1, the plaintiff... Read more »

Posted: July 28, 2014

Court Refuses to Order Production of ESI, Finding Previous Productions Sufficient

On July 17, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in MBIA Ins. Corp. v. Credit Suisse Sec. (USA) LLC, 2014 NY Slip Op. 31871(U), denying the plaintiff’s motion to compel production of electronically stored information (ESI) that it claimed the defendant had improperly withheld as “non-responsive.” The court... Read more »

Posted: July 11, 2014

Commercial Division Rules Amended to Add Rules Regarding Case Assignment and Privilege Logs

The Chief Administrative Judge has signed orders (1) amending the rules regarding the assignment of cases to the Commercial Division and (2) adding a new rule regarding the preparation of privilege logs. The amended NYCRR § 202.70(d) – (e), which goes into effect on September 2, 2014, provides regarding assignment of cases to the Commercial Division: Assignment... Read more »

Posted: July 11, 2014

Trade Secrets Discoverable From Non-Party Only When Relevant, Indispensable and Not Otherwise Acquirable

On July 9, 2014, the Second Department issued a decision in Ferolito v. Arizona Beverages USA, LLC, 2014 NY Slip Op. 05153, quashing those parts of a non-party that sought the production of trade secrets. In Ferolito, the plaintiff moved to compel compliance with a subpoena it served on non-party Morgan Stanley & Co., LLC.... Read more »

Posted: July 6, 2014

Commissions for Out-of-State Discovery Not Issued When No Showing that Proposed Deponent Would Not Give Discovery Voluntarily

On June 30, 2014, Justice Destefano of the Nassau County Commercial Division issued a decision in Vasomedical, Inc. v. Barron, 2014 NY Slip Op. 51015(U), denying a motion for commissions to take discovery outside New York. In Vasomedical, the defendants sought commissions to take depositions outside New York state. Except for the application that was... Read more »

Posted: June 24, 2014

Summary Judgment Granted Despite Request for More Discovery

On June 20, 2014, the Fourth Department issued a decision in Resetarits Construction Corp. v. Olmsted, 2014 NY Slip Op. 04633, granting a motion for summary judgment despite the plaintiff’s argument that the motion was premature because the plaintiff had not had an adequate opportunity to take discovery. In Resetarits Construction Corp., the plaintiff sued... Read more »

Posted: June 16, 2014

First Department Addresses Disclosure of Documents That Are Privileged as to Only Some Parties

On June 10, 2014, the First Department issued a decision in Arkin Kaplan Rice LLP v. Kaplan, 2014 NY Slip Op. 04154, addressing the disclosure of documents that were privileged as to some plaintiffs but not others. Arkin Kaplan Rice, one of the plaintiffs moved “for, among other things, disclosure of a legal file maintained... Read more »

Posted: May 23, 2014

Organization State Law Determines Whether Derivative Action Plaintiff is Entitled to Discovery on Demand Refusal

On May 22, 2014, the First Department issued a decision in Lerner v. Prince, 2014 NY Slip Op. 03763, holding in a derivative action, the law of the state of organization, not the forum state, determines whether the plaintiff is entitled to discovery on the basis for the refusal of its demand. In Lerner, the nominal-defendant corporation’s... Read more »