Rule 37(e) and Spoliation Sanctions Under the Amended Rules
Time to Think About the H-1B Cap Season and Your Employment Needs
Scott Ruskay-Kidd focuses on complex commercial litigation, at both the trial and appellate levels. Mr. Ruskay-Kidd’s experience ranges across federal and state court litigation, arbitration, regulatory matters, and investigations. Mr. Ruskay-Kidd has successfully defended clients in an array of high-profile and sensitive cases. Mr. Ruskay-Kidd’s practice encompasses securities litigation, domestic and global financial fraud, accountants’ liability, complex contract disputes, and significant real estate actions.
Mr. Ruskay-Kidd has represented:
• An international accounting association in its defense of class action and other claims arising from the bankruptcy of Parmalat, with alleged losses exceeding $10 billion.
• The official committee of General Motors’ unsecured creditors during the reorganization of General Motors.
• Leading real estate developers, as plaintiffs and defendants, in litigations concerning unconsummated sales and allegations of fraud following the recent financial crisis.
• A prominent insurance company in governmental investigations of alleged bid rigging and other improper arrangements with insurance brokers.
• A major mutual fund group in investigations by the SEC and other authorities into late trading and market timing.
• A large insurance company in its defense of a class action alleging that it misrepresented the performance of its annuities.
• A private equity firm and other companies in an array of different lawsuits alleging misrepresentations and breaches in connection with mergers and acquisitions.
• Public figures in confidential criminal investigations.
• Clients conducting discovery in an array of foreign jurisdictions.
• Pro bono clients in constitutional and civil rights litigation, including Lawrence v. Texas, 539 U.S. 558 (2003).
Recent Appellate Decisions:
• CARI, LLC v. 415 Greenwich Fee Owner, LLC, 91 A.D.3d 583, 939 N.Y.S.2d 319 (1st Dep’t 2012)
• Goldberg v. Nugent, 85 A.D.3d 459, 924 N.Y.S.2d 265 (1st Dep’t 2011)
• Mark v. Lenfest, 80 A.D.3d 426, 914 N.Y.S.2d 141 (1st Dep’t 2011)
• El-Ad 250 West, LLC v. 30 Hubert St. LLC, 67 A.D.3d 520, 891 N.Y.S.2d 11 (1st Dep’t 2009)