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Peru has one of the fastest growing economies in the world and more people than any U.S. state besides California. Its legal system, however, is relatively new and very interesting. To learn more about it, I asked my former colleague Sheila Giuliana La Serna Jordan. Sheila used to practice law with me at Becker Glynn in New York, but now she is the chief legal and compliance officer of Profuturo AFP, the Peruvian pension…
Some details about the IT work involved in document productions. As I discussed in an earlier post, litigants in New York and federal court are entitled to demand their adversaries and even non-parties produce relevant e-mails. But how does someone take thousands of emails and decide which get produced? And are there a bunch of complicated rules and procedures that would surprise someone who doesn’t do this all the time? The answers are “a…
Part of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions. Court Dismisses RICO Claim Where Plaintiff Failed to Allege an “Association in Fact” Private litigants can sue organizations for participating in a fraudulent scheme and can recover triple the amount of money they lost, pursuant to RICO, the Racketeer Influenced and Corrupt Organizations Act. But…
Russia’s judiciary resolves disputes for a country of almost 150 million people that includes some of the world’s major energy and investment companies. But its government has only been around for about thirty years. Litigating in this relatively new system sounded challenging, so I asked Russian lawyers Mergen Doraev and Ivan Semenkin, partners at the Moscow law firm EMPP, to tell me about their work. Why should you keep reading this post about litigation…
How Lawyers Handle Cases All Over America I live and work in New York, but I have worked on disputes that were (or are) pending in jurisdictions outside of New York.  For example, I’ve worked on cases in New Jersey courts, Massachusetts courts, in Florida courts, and in an Ohio court. This surprises a lot of my friends, who assume I can only work on litigations in New York.  But the truth is that litigators…
A portion of trial that rarely gets included in movies is the part where lawyers read aloud portions of the transcripts of depositions. This is because this is often the most boring part of trials. Senior litigators often pass this aspect of the trial to junior associates and relax while it takes place before more live witnesses or closing statements. But deposition testimony can still play an important role in commercial disputes. Why should you…
The Canadian legal system is likely the most similar to the legal systems in the United States. Since Canada had been a British colony, it adopted the same British common law system as the United States. And because it shares a border and culture with the United States, there are many other similarities as well. Continuing my series of interview with litigators from around the world, I’d like to share some things I learned about…
An American lawsuit often begins when a plaintiff files a complaint, which is a legal document that sets forth allegations against one or more defendants. When the plaintiff delivers the complaint to a defendant, the law requires the defendant to respond or run the risk of a default. If a defendant does not ask the court to dismiss the lawsuit before discovery, or if the defendant made that motion and failed, its response…
Part of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions. Courts Order Disclosure of Sensitive Documents Even very sensitive documents are subject to document discovery. A Manhattan appellate court recently held that a sexual harassment plaintiff needs to disclose in discovery the application she submitted to stay in the United States through a visa program for…
A lawsuit often begins when the plaintiff files a complaint. Its formal role is to notify the defendant about the subject of the lawsuit, but it may serve other roles as well. Drafting a complaint is a complicated task. It requires legal research, storytelling skills, and some strategic decisions. A bad complaint could lead to a lawsuit being dismissed before discovery. A good complaint can prompt the defendant to settle on favorable terms. Why should…