There have been several New York decisions addressing the evolving issue of access to a decedent’s digital assets since our last post on the subject one year ago. Our latest post provides an update as to the state of the law in this area.
Continue Reading The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?
February 2020
Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a Subpoena Requiring Production of ESI
By Brian P. Corrigan on
Posted in Evidence, Uncategorized
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena. May a non-party’s counsel fees related to responding to a subpoena involving the production of electronically stored information be included as “reasonable production expenses”? The Queens County Surrogate’s Court recently answered this question in Matter of Khagan. Brian Corrigan discusses the decision in our latest post.
Continue Reading Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a Subpoena Requiring Production of ESI