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  • About this Publication

    The NYLitigator features peer-written substantive articles relating to the practice of commercial and federal litigation on various topics, including discovery; mediation; settlements; corporate liability; and due process. Section Reports, written by various Commercial and Federal Litigation Committees, are often featured in each issue. Edited by Teresa M. Bennett, Esq., the NYLitigator is published by the Commercial and Federal Litigation Section and distributed to Section Members free of charge.

    The NYLitigator is published as a benefit for members of the Commercial and Federal Litigation Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.
    © New York State Bar Association. All rights reserved. ISSN 1085-4193 (print) ISSN 1933-8589 (online)

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  • Table of Contents Current Issue

    Winter 2013

    A Message from the Chair
    By Gregory Arenson

    Rule 5 of the Federal Rules of Civil Procedure Should Be Revised to Allow for Electronic Service of Papers Without Prior Consent

    New York State Bar Association Commercial & Federal Litigation Section Report on Proposed Amendments to Federal Rules of Civil Procedure 1, 4, 16, 26, 30, 31, 33, 34, 36, 37, 84, and Appendix of Forms

    Litigation Proliferates Over the Streaming of Broadcast Television: American Broadcasting Companies, Inc. v. Aereo, Inc. and Fox Television Stations, Inc. v. BarryDriller Content Systems, PLC

    By Peter J. Pizzi

    Whether the Heightened Pleading Requirements of Twombly and Iqbal Apply to Pleading Affirmative Defenses
    Appendix A: Cases Applying Iqbal/Twombly Heightened Pleading Standards to Affirmative Defenses
    Appendix B: Cases Holding That the Iqbal/Twombly Heightened Pleading Standards Do Not Apply to Affirmative Defenses

    When Blue Turns to Grey: Grand Jury Subpoenas for Foreign Documents Produced in Civil Litigation

    The views expressed in the articles in this publication are not endorsed by the Commercial and Federal Litigation Section, unless so indicated.