Current Events

Itkowitz and Harwood just won a hard fought series of motions in a construction defect case that became an instant landmark in the area of e-discovery and sanctions. The decision, which received significant press coverage, extended concepts in e-discovery, which are well settled in federal court, to New York law. Essentially, the court held that the obligation of a party to a lawsuit to preserve electronic evidence begins at the time litigation is commenced or reasonably anticipated. It further held that the failure to so preserve evidence constitutes "gross negligence" and can result in sanctions against the party failing to preserve evidence. Here, it was established that Corcoran, a party defendant, negligently permitted the destruction of relevant emails after the commencement of litigation. As one newspaper article reported, the "e" in "email" stands for "evidence." Click here for the full text of the decision and press coverage of it.

Itkowitz & Harwood provides pro bono representation to a Park Slope youth dance studio that was scammed out of more than $10,000 on the eve of a triumphant trip to an international recital; I&H filed suit in Manhattan for fraud. Read the News Article!

On February 18, 2010 I&H Associate Edward Warren was a panelist at the New York City Bar Association on panel sponsored by the Committee on Law Student Perspectives entitled THE ART OF SCHMOOZING, Networking Made Easy for Law Students and Recent Law School Graduates.

Jay Itkowitz and Donald Harwood are not only excellent attorneys, but they are also businessmen dealing in a wide variety of areas, which only enhances their acumen as litigators. Recently, Mr. Itkowitz and Mr. Harwood produced an independent film, Frozen River, which won the Grand Jury Prize at the 2008 Sundance Film Festival. The film went on to garner two Academy Award nominations, Courtney Hunt for Best Original Screenplay and Melissa Leo for Best Actress, a remarkable achievement for an independently produced and financed film. Mr. Harwood is capable of doing all the legal work with respect to film production including, but not limited to, preparing prospectuses for investors and negotiating and obtaining intellectual rights associated with film production as well as selling film rights etc. http://frozenriverthemovie.com/