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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

    FALL 2016

    A Message from the Chair
    By Mark Arthur Berman

    Preserving Privilege and Maintaining Client Confidences When Dealing With Third-Party Consultants During a Crisis
    By Robert D. Argen, Jason Canales and Devika Kewalramani

    Antitrust Plays Whack-a-Mole as Exclusion of Competition by Drug Monopolists Pops Up Again: Gaming the "REMS"
    By the New York State Bar Association Commercial and Federal Litigation Section Antitrust Committee

    Enforcement of Foreign Country Judgments: Expanded Use Confronts Increasing Questions
    By Steven J. Mandelsberg

    The Remarkable Invulnerability of the Unconditional Guaranty
    By John D. Rodgers

    2016 Amendments to the Uniform Rules for the Commercial Division
    By Marcy Einhorn

    You've Got Service: Service of Process by Email and Social Media
    By James Ng

    Attorneys' Eyes Only? Confidential? Really?—Reducing Logistical Headaches in Confidentiality Agreements
    By John M. O'Connor, Carrie Maylor DiCanio and Jorge R. Aviles

    Protecting Confidentiality When Compelled to Provide Discovery to Foreign Litigants Pursuant to 28 U.S.C. § 1782
    By Matthew Katz, Francesca Dickson, Jonathan Hochman and Michael Mietlicki

    Fair Value Measurements: In the Crosshairs of Regulators
    By Mark L. Zyla

    A New York Litigator's Guide to the New Federal Trade Secret Law
    By Heath J. Szymczak and Bradley A. Hoppe

    International Arbitration: Enforcing Arbitral Awards Against Non-Signatories
    By Clara Flebus

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