Archive of Practice & Procedure
Costs of Electronic Discovery Initially Borne By Responding Party
on Mar 02 in Discovery, Practice & Procedure tagged Costs of Electronic Discovery, U.S. Bank National Association v. Greenpoint Mortgage by Anthony Rao
Clients often ask us after receiving document demands seeking massive electronic discovery costing thousands of dollars to gather and produce: “who pays?” According to New York’s Appellate Division, First Department, although New York’s Civil Practice Laws and Rules are silent on the subject: “you do, but you can try to shift the costs later.” In [...]
February 1, 2012 is the Deadline to Provide New York Wage Notices, and Other New York Laws to Keep Your Eyes on in 2012
on Jan 25 in Discrimination, Policies, Practice & Procedure, Reasonable Accomodation, Wage/Hour tagged New York employment laws 2012 by Anthony Rao
The February 1, 2012 deadline to provide wage notices to your employees in New York is fast approaching. The forms can be found here. Other 2012 new labor and employment laws and regulations to keep your eyes on that may affect your New York business are as follows: -Under the Workplace Religious Freedom Act (WRFA) [...]
Supreme Court Resolves Circuit Split on Recovery of Attorneys’ Fees
on Jun 07 in Discrimination, Practice & Procedure tagged 42 USC 1988, attorneys' fees, Fox v. Vice, frivolous, non-frivolous claims by Rosemary Joyce
Plaintiff brings a civil rights lawsuit. Some of the claims may have a reasonable basis. But others are downright frivolous. Defendant prevails. To what extent can Defendant recover attorneys’ fees? Courts have struggled with how to allocate fees in such a situation. Sure, federal law authorizes a court to award reasonable attorneys’ fees to a [...]
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