Legal Research

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OUTSIDE COUNSEL:

'Howe' Case: Troublesome Conclusion on Legislative Intent
Tuesday, December 22, 2009
By Elliott Scheinberg

" Elliott Scheinberg writes that the Appellate Division, Second Department, in two discrete rulings, simultaneously amplified and upset the equilibrium of the equitable distribution universe. The first ruling dramatically relaxed the strict burden of proof upon the party asserting a separate property claim, to wit, the failure to proffer independent expert testimony or evidence was not deemed fatal to the application. Next, it reached the troublesome conclusion that the Legislature intended to exclude compensation for lost earnings arising from a personal injury claim, under Domestic Relations Law (DRL) §236B(1)(d)(2), from the marital estate."

TECHNOLOGY TODAY:

Court Ruling Gives Guidance On Native File Production
Tuesday, December 22, 2009
By H. Christopher Boehning and Daniel J.Toal

"H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write: The production of electronically stored information (ESI) in native file format continues to be a topic of interest for litigators. For those (and there are many) still confused, help may be on the way. Several recent decisions indicate that a consistent body of guidance is developing in the case law on this topic. For the uninitiated, a document's 'native format' is the 'default format of a file.' Files in their native format are usually read using the software program originally used to create them, as opposed to a generic reader, such as Adobe Acrobat, that is used to access files once they have been converted from their native format into another form, such as PDF files."