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Areas of Interest
May 26th, 2022
NY Attys Say New Rule Will Streamline Commercial Discovery
Ethics & Professional Responsibility Litigation Partner Ronald C. Minkoff is quoted in the article, “NY Attys Say New Rule Will Streamline Commercial Discovery” published by Law360 Pulse. The article outlines the efforts by New York courts to streamline commercial disputes by asking parties to limit their discovery requests to what's needed for their cases, and by encouraging judges to manage the process more actively. Ron questions how the rule will play out and if its intention will actually limit the scope of discovery. He is quoted saying, “Will judges require this regularly, or just in extreme circumstances? Will it be used as a means to test claims that the judge views as questionable even before motions to dismiss are made?" and "Depending on the degree of detail that's required, it could put an undue burden on plaintiffs by forcing them to rewrite or amplify their complaint at a very early stage.”
However, Ron points out the new rule will reduce the legal cost of discovery. He adds, "As e-discovery is the most expensive part of any case by a long shot, it is crucial that courts and litigants understand that the scope of that discovery has to be proportionate to the amount at issue and the needs of the case" and "This helps protect less wealthy litigants from being drowned in discovery requests by their adversaries."
Read the full article here. (Behind paywall)
Other Quoted
Televerse Day 2 Highlights: Shrinking, Henry Winkler and More
The Television Academy in its Televerse News quoted Daniel M. Goldberg, who spoke about AI at the academy’s three-day festival. Televerse featured television industry professionals both in front of and behind the camera, expert panelists, FYC (For Your Consideration) discussions, and screenings of shows nominated for this year’s Emmy Awards. Mr. Goldberg spoke on a panel covering “how federal and state lawmakers, courts, content creators and other stakeholders are responding to the evolving technology's impact on copyright, licensing and rights protection.” When asked for future predictions for six months from now, Mr. Goldberg responded, "'It's so hard to predict even two weeks from now. But I think you're going to see the states continue to pick up [on regulating AI] where the federal government is not.’” View Article
August 18 2025
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
