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May 19, 2023
The Tennessee Air Pollution Control Board issued a May 5th Technical Secretary Order and Assessment of Civil Penalty (“Proposed Order”) to BAE Systems Ordinance Systems, Inc. (“BAE”)...
March 2, 2023
Commercial Division Rule 11-b governs a party’s obligation to produce a log of documents withheld on the basis of privilege.  Enacted in 2014, Rule 11-b substantially streamlines the...
December 15, 2022
An increasingly commonplace procedural mechanism for narrowing evidentiary issues before a hearing begins is the motion in limine.  A new proposal proffered by the Commercial Division...
November 18, 2022
The Office of Court Administration has asked for public comment on the Commercial Division Advisory Council’s proposal to amend Commercial Division Rule 36 to clarify that courts have...
November 10, 2022
It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those...
October 21, 2022
For commercial practitioners who happen to be fans of the TV series “The Office,” Dwight Schrute’s “Learn Your Rules, You Better Learn Your Rules” jingle perfectly describes the...
October 18, 2022
More than two years into the Covid-19 pandemic, the Commercial Division Advisory Council (“CDAC”) has proffered an amendment to the Commercial Division Rules that reinforces a court’s...
September 10, 2022
Effective September 12, 2022, the New York Commercial Division Rules will require parties preparing responsive pleadings to “interlineate” the allegations which they are responding to...
September 9, 2022
As practitioners and readers of this blog are aware, responsive pleadings are foundational documents prepared at the earliest stage of a litigation in which the responding party denies,...
July 14, 2022
Litigation in the Commercial Division is efficient and effective in part because its judges strictly enforce the Commercial Division Rules.  Those unsure can peruse Matt Donovan’s...