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Donovan Swift

Donovan Swift

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August 13, 2024 | New Jersey Law Journal

Bar Report — August 13, 2024

The NJSBA's weekly report.

By New Jersey State Bar Association

11 minute read

August 13, 2024 | New York Law Journal

Court of Appeals Evidence Decisions: A Potpourri of Rules for Criminal (Mostly) and Civil Actions, Part 2

Columnist Michael J. Hutter continues his discussion of the Court of Appeals 2023-2024 term, "addressing significant evidence issues."

By Michael J. Hutter

13 minute read

August 13, 2024 | New Jersey Law Journal

NJ's Top Personal Injury Awards Total Nearly $654M

The awards this year totaled about $654 million, which is much higher than last year's total of $169.3 million, and which makes the average award this year $32.7 million.

By Donovan Swift

59 minute read

August 13, 2024 | New York Law Journal

Guardianship and the Abuse of Special Proceedings

"Special proceedings should not be transmuted into plenary proceedings for the tactical advantage of one party," writes Daniel G. Fish.

By Daniel G. Fish

6 minute read

August 13, 2024 | Texas Lawyer

Demonstrative Evidence: Seeing Really Is Believing

"Jurors' brains process visual images 60,000 times faster than text, and jurors have a faster, stronger emotional reaction to visuals than words, alone. Visuals cause emotional reactions in jurors that increase information retention and motivate jurors to act," according to Quentin Brogdon of Crain Brogdon.

By Quentin Brogdon

6 minute read

August 12, 2024 | New York Law Journal

May Counsel Appropriately Make Non-Privileged Emails Privileged?

"An email is simply privileged, or it isn't," writes Joel Cohen. "But what about when counsel tries to make virtually all his client's emails—at least important emails—appear to be so?

By Joel Cohen

8 minute read

August 09, 2024 | New York Law Journal

Defending a Co-op Against Derivative Claims: A Look Back to 'Auerbach'

"Dismissing the derivative claims from the lawsuit can significantly change the posture of the litigation and substantially narrow the issues in the case," writes Michael A. Pensabene of Rosenberg & Estis.

By Michael A. Pensabene

10 minute read

August 09, 2024 | New Jersey Law Journal

'A Pioneer and Inspiration to Us All': In Memory of Justice James H. Coleman Jr.

"One of the pioneers on the subject of sentence equality and avoidance of undue disparity in sentencing," Justice James Coleman Jr. had a unique "zeal for justice," writes the Law Journal Editorial Board.

By The Law Journal Editorial Board

6 minute read

August 09, 2024 | New Jersey Law Journal

On the Move and After Hours: McCarter English; Sills Cummis; Riker Danzig; Giordano Halleran; Cohn Lifland

Jeffrey W. Herrmann receives the Professional Lawyer of the Year Award; former director of compliance at the New Jersey Election Law Enforcement Commission joins McCarter & English; and more moves.

By Donovan Swift

7 minute read

August 08, 2024 | The Recorder

'United States v. Lynch': Challenges and Strategies for Defending Against Government Experts Used in Lieu of Percipient Witnesses

"Rather than asking percipient witnesses about the impugned transactions, the government retained an expert to second-guess the very same accounting decisions Autonomy's independent auditors had approved in real time," write Steptoe's Brian Heberlig and Galen Kast.

By Brian Heberlig and Galen Kast

9 minute read