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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)
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