Commercial Litigation

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Photo: Shutterstock[/caption] View the Digital Edition of this Special Report.Video Privacy Protection Act: How Will N.Y.’s Courts Protect ‘Personally Identifiable Information’? Based on the law’s current landscape, it is difficult for companies to confirm without doubt whether a specific kind of information is PII, especially with respect to types of consumer data that have not yet been at issue in a litigation. Having a full understanding of the laws (both the VPPA and VCPA) and receiving advanced consumer consent to disclose PII can help limit companies’ exposure. Juxtaposition in Foreclosure Defense Litigation: Legislative Intent vs. Practical Reality Foreclosure defense is constantly evolving and is an extremely exciting and challenging area of law. Discovery in Cross-Border Disputes: Choosing Between Domestic Litigation and International Arbitration When deciding which dispute resolution mechanism is best suited to a favorable outcome, discovery is a consideration of paramount importance. Whether one wishes to seek broad, offensive discovery of their adversary or a limited discovery as to their own records, such decisions can influence the choice between U.S. litigation and arbitration. In the Heat of Dealmaking, Beware of Waiving Attorney-Client Privilege Litigators are very attuned to the questions presented by attorney-client privilege. Deal lawyers may not be as attuned. The ‘Well-Pleaded Complaint Rule’ and Pushing the Bounds Post-‘McCulloch’ 'McCulloch' is emblematic of the growing difficulties defendants face in attempting to remove cases to federal court. Applying N.Y.’s Borrowing Statute to Asset-Backed Securities Claims After ‘Deutsche Bank’ A recent First Department decision, however, has potentially injected some uncertainty into limitations periods applicable to claims involving asset-backed securities where the trustee resides outside New York.