Adriel J Garcia

April 28, 2022 | The Legal Intelligencer

Pennsylvania has a long history of honoring the allocation of risk among contractual counterparties, and it would seem that COVID-19 will be no exception to this inclination. The early indication is that if you have a provision that addresses the pandemic, expect the courts to enforce it as written.

By Patrick R. Kingsley and Adriel J. Garcia

6 minute read

October 24, 2014 | The Legal Intelligencer

When it comes to proffering into evidence material taken from websites, the authentication requirement is often the least understood and most overlooked hurdle to admissibility. Ultimately, electronic evidence is subject to the same rules of evidence as paper documents, but although a party seeking to admit an exhibit "need only make a prima facie showing that [the exhibit] is what he or she claims it to be," practitioners often fail to meet "even this minimal showing" when attempting to introduce electronically stored information (ESI), as in Lorraine v. Markel American Insurance, 241 F.R.D. 534, 542 (D. Md. 2007).

By Adriel J. Garcia

7 minute read