By newyorklawjournal | New York Law Journal | June 27, 2017
Court Finds Correspondence Insufficient to Put Defendant on Notice for Spoliation Purposes
By newyorklawjournal | New York Law Journal | June 27, 2017
Defendant Negligent in Securing Electronic Evidence Warranting Negative Inference Charge
By B. Colby Hamilton | June 26, 2017
The white-collar defense bar is crowing over Judge Alison Nathan's sweeping 92-page warrant suppression order in the Southern District U.S. Attorney's securities fraud case against financier Benjamin Wey.
By Max Mitchell | June 23, 2017
In a ruling that placed on pause an 11-year-old whistleblower suit against Pfizer, a federal judge has granted an immediate appeal on three issues that weigh into unsettled areas of law related to the False Claims Act.
By Paul Shechtman | June 23, 2017
Wonder Woman is a box office hit; Rotten Tomatoes rates it at 92 percent. This past week, I saw it with the Bracewell first year and summer associates and was wowed. But what is little known to lawyers—despite a brilliant book by Harvard historian Jill Lepore—is the role of Wonder Woman's creator, Dr. William Mouton Marston, in the history of evidence law.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Separate search warrant was not required to conduct DNA analysis for identification purposes where individual did not have protectable privacy interest in identification. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
The trial court erred in suppressing evidence found on defendant's person after a vehicle stop since the arresting officer was acting under a municipal drug task force agreement that did not require county ratification and, thus, his conduct did not violate the Municipal Police Jurisdiction Act. The appellate court reversed the trial court's order of suppression.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Under the "plain feel doctrine," police had probable cause to arrest defendant where the arresting officer frisked him and detected what he immediately recognized as narcotic packaging hidden in defendant's groin area. The court denied defendant's omnibus pretrial motion to suppress evidence.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Prior inconsistent recorded statement about defendant's intoxication was properly admitted, under the trial court's discretion, to impeach a witness, where the jury as factfinder could determine whether the recorded statement was inconsistent with the witness' trial testimony and weigh the witness' testimony and credibility accordingly. Judgment of sentence affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.
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