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Commercial Division Update

Tuesday, June 30, 2009

By George Bundy Smith and Thomas J. Hall

"George Bundy Smith, a former Associate Judge on the New York Court of Appeals, and Thomas J. Hall, partners with Chadbourne & Parke, address the current state of the New York law as it relates to the preservation and production of ESI, examining the relevant rules governing the use of ESI in the Commercial Division and consider the case law, focusing on developments in the preservation of ESI and the financial burdens of producing ESI."

Civil Rights and Civil Liberties

Tuesday, June 30, 2009

By Christopher Dunn

"Christopher Dunn, associate legal director of the New York Civil Liberties Union, writes that government agents have played a significant role in several alleged plots of domestic terrorism, so it is not surprising that defendants in these cases often have asserted entrapment. The defense has rarely succeeded, however, and, he notes, in the three significant terrorism appeals the U.S. Court of Appeals for the Second Circuit has heard in the last 15 years ? the 1993 World Trade Center bombing, the 2004 plot to bomb the Herald Square subway station, and the Albany 2004 plot to use a missile on a Pakistani diplomat in New York City ? it summarily rejected entrapment claims."

TECHNOLOGY TODAY:

Federal E-Discovery Issues

Tuesday, June 30, 2009

By H. Christopher Boehning And Daniel J. Toal

"H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that as with any new technology, companies need to think about preservation and collection before they adopt the technology. Companies that already have embraced social networking, they advise, should ensure that they are prepared to preserve, collect, and produce social networking data for an appropriate case and that their electronic communications policy is ready for the new social networking reality."