http://jnyc.6stops.com/articles/Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.en-usCopyright © 2007 Gregory P. Joseph Law Offices LLC. All rights reserved.Sun, 20 May 2012 07:51:14 +0100Sun, 20 May 2012 07:51:14 +0100http://jnyc.6stops.com/articles/viewarticle.php?69Gregory P. Joseph* Effective December 1, 2010, Federal Rules of Civil Procedure 26(a)(2) and (b)(4) are substantially amended. These amendments govern disclosure of expert opinion. Three Principal Changes. The principal practice changes are: Communications between counsel and retained expert...Wed, 04 Aug 2010 00:00:00 +0100http://jnyc.6stops.com/articles/viewarticle.php?68Recent Federal Practice Developments 2010 Gregory P. Joseph* This article analyzes recent developments in federal practice, including two Supreme Court decisions rendered in the past 60 days. Relation Back of Pleading Amendment. Rule 15(c) determines when an amended pleading relates back to the ...Thu, 10 Jun 2010 00:00:00 +0100http://jnyc.6stops.com/articles/viewarticle.php?67Current Arbitration Issues in Federal Practice Gregory P. Joseph* The Supreme Court rendered six major arbitration decisions in 2008 and 2009. This article analyzes each, and it explores other significant arbitration issues percolating in the Circuits. Court May Entertain Only Attack on Agreemen...Tue, 16 Feb 2010 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?66Federal Practice Developments 2009 Gregory P. Joseph* This article focuses on significant developments in federal practice in 2009. It supplements two earlier articles, Supreme Court on Federal Practice 2009, 77 U.S.L.W. 2787 (June 30, 2009), and Circuit Splits, Nat’l L.J., April 13, 2009, at 1...Mon, 14 Dec 2009 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?65 Gregory P. Joseph* I. PRE-LITIGATION PRESERVATION Uncertainty is expensive. An accident happens. Parties begin to have issues under a contract. An employee is terminated. A product malfunctions. A letter with a pointed inquiry is received. A dispute arises. Precisely when, in the absence ...Mon, 14 Sep 2009 00:00:00 +0100http://jnyc.6stops.com/articles/viewarticle.php?64Gregory P. Joseph* On June 8, 2009, the Supreme Court resolved a split in the Circuits holding, in Boyle v. United States, 129 S. Ct. 2237 (2009), that an associated-in-fact enterprise under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) must have a “structure.” This ar...Mon, 20 Jul 2009 00:00:00 +0100http://jnyc.6stops.com/articles/viewarticle.php?63This article, as published in U.S. Law Week, may be accessed by connecting ...Tue, 30 Jun 2009 00:00:00 +0100http://jnyc.6stops.com/articles/viewarticle.php?61Federal Practice Circuit Splits Gregory P. Joseph* This article explores persisting splits among the Circuits on selected, significant issues of removal, deposition procedure, arbitration, and statutes of limitations. Removal Flexibility of One-Year Time Limit. Under 28 U.S.C. § 1446(b), ...Mon, 06 Apr 2009 00:00:00 +0100http://jnyc.6stops.com/articles/viewarticle.php?60Gregory P. Joseph* The Supreme Court’s decision in Bridge v. Phoenix Bond & Indemnity Co., 128 S. Ct. 2131 (2008), was the most significant development under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) over the past year. This article summarizes Bridge and other signific...Mon, 23 Feb 2009 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?59Gregory P. Joseph* On September 19, 2008, the President signed into law Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). It applies to previously-filed cases in the discretion of the trial judge and to all cases filed on and after September 19, 2008...Mon, 10 Nov 2008 00:00:00 +0000