Litigation

New York Law Journal

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Personal Email at Work: What Expectation of Privacy?

Dechert's Robert J. Jossen and Neil A. Steiner write: A recent decision from the U.S. District Court for the Eastern District of New York highlights the personal risk that an employee's use of a work email account to send or receive otherwise privileged and confidential communications - for example, with a spouse, personal lawyer, or doctor - will be deemed a waiver of the applicable privilege.

Is It Time for N.Y.'s Prejudgment Interest Rate to Float?

Laila Abou-Rahme and Stephen Scotch-Marmo of Bingham McCutchen write: New York's fixed prejudgment interest rate may have once made sense, but for many years now, it has lagged behind the market. It may be time for a return to a market rate. Even if constitutional, rates that are too high or low are unfair and can discourage settlement. As other states have concluded, a floating rate is a reasonable alternative.

Fate of Mortgage-Backed Securities Cases Remains Uncertain

Deborah A. Skakel and Lindsay A. Bush of Dickstein Shapiro write: Several threshold issues currently pending in New York's state and federal appellate courts will dictate whether we are nearing the end of new mortgage-backed securities lawsuits and determine what the local landscape for the remaining cases will look like.

Wading Through 'Janus', Two Years Later

John Dellaportas and Mary Pennisi of Morgan, Lewis & Bockius write: While key cases are still winding their way through appeals, to date the district courts have been reluctant to give 'Janus' its full scope, relying instead on a number of exceptions grounded in language from the decision. It will soon be for the circuit courts to determine whether these district court decisions draw meaningful distinctions from the central 'Janus' decision, or instead manifest an underlying philosophical difference with the Supreme Court precedent.

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