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.Mon, 15 Mar 2010 01:29:18 +0000Mon, 15 Mar 2010 01:29:18 +0000http://jnyc.6stops.com/articles/viewarticle.php?60 ELECTRONIC DISCOVERY AND OTHER PROBLEMS 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...Sun, 13 Sep 2009 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?58Supreme Court on Federal Practice 2009 Gregory P. Joseph* &nbsp&nbsp&nbsp&nbsp&nbsp The Supreme Court rendered four decisions in the first half of 2009 directly affecting federal civil practice. This article analyzes each. Trumping Twombly &nbsp&nbsp&nbsp&nbsp&nbsp Ashcroft v. Iqbal, 129 S.Ct...Mon, 15 Jun 2009 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?57Gregory P. Joseph* &nbsp&nbsp&nbsp&nbsp&nbsp 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 ...Mon, 23 Feb 2009 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?56Gregory P. Joseph* This article analyzes recent developments in the field of arbitration, including two U.S. Supreme Court decisions, one of which illustrates perhaps unexpected implications of incorporating the arbitral rules of the American Arbitration Association or other organization. Suprem...Tue, 24 Jun 2008 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?55Gregory P. Joseph* This is the second of two articles exploring important recent developments in the law of privilege and work product protection. (The first, which focused on privilege developments in the corporate setting, was published in the February 11, 2008 edition of the National Law Journal...Mon, 07 Apr 2008 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?54Gregory P. Joseph*Proposed Federal Rule of Evidence 502 passed the Senate Judiciary Committee by voice vote on January 31, 2008, and, once enacted by both houses of Congress, it will be the most significant development in the field of attorney-client privilege since Upjohn v. United States, 449 U.S....Mon, 04 Feb 2008 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?53 Gregory P. Joseph* Twenty-five years ago, on January 1, 1983, it cost parties roughly the same to litigate in state and federal court. Plaintiffs chose federal court sometimes for expansive discovery or to get a good judge, even though state court was an available alternative and additur imperm...Tue, 01 Jan 2008 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?48RICO Developments 2007Gregory P. Joseph*Pleading a civil claim under the Racketeer Influenced and Corrupt Organizations Act (‛RICO“), 18 U.S.C. §1964(c) has always been challenging. Bell Atlantic Corp. v. Twombly, 127 S. Ct. 1955 (2007), has only exacerbated the difficulties. Courts generally...Mon, 12 Nov 2007 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?47Supreme Court Rewrites Pleading RequirementsGregory P. Joseph*In 1957, the Supreme Court ruled that, under the Federal Rules of Civil Procedure, ‛a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support ...Sun, 02 Sep 2007 00:00:00 +0000http://jnyc.6stops.com/articles/viewarticle.php?11Gregory P. Joseph*The explosive growth of the Internet and burgeoning use of electronic mail are raising a series of novel evidentiary issues. The applicable legal principles are familiar - this evidence must be authenticated and, to the extent offered for its truth, it must satisfy hearsay concerns...Sat, 01 Sep 2007 00:00:00 +0000