New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | April 18, 2022
In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood analyze the holding in 'United States v. Ray', in which Judge Liman recently addressed the application of the psychotherapist privilege to nonverbal communications. Although 'Ray' is a criminal case, its holdings apply equally to civil actions.
By John G. Browning and Jonathan Bailie | April 13, 2022
How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today's wired workplace, it's considerable.
By David J. Lender, Eric S. Hochstadt, Luna N. Barrington and Rebecca Jaeger | April 11, 2022
How can corporate in-house counsel prepare for—and defend—allegations that go to the heart of the company's business? One of the most critical steps is to identify the right company witnesses and prepare them to testify. In "bet-the-company" disputes, those witnesses should be high-ranking senior executives who can look the jury in the eye and explain the company's actions.
By John G. Browning and Jonathan Bailie | April 8, 2022
How significant is the threat of fabricated digital evidence that can alter the outcome of a case? In today's wired workplace, it's considerable.
New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | April 7, 2022
Any and all potential evidence should be maintained, organized and useful for trial.
National Law Journal | Commentary
By Rayiner Hashem and Leonid Grinberg | April 6, 2022
Evidence is time-sensitive and attorneys thinking of relying on web snapshots would be well-advised to secure web-based documentation sooner rather than later.
New York Law Journal | Analysis
By Michael J. Hutter | April 6, 2022
There were many "under the radar" decisions which the bar might overlook but should be aware of and keep in its evidence toolbox along with a copy of the Guide to New York Evidence.
By Andrew Goudsward | April 5, 2022
Attorneys for Michael Sussmann are seeking to keep information about an alleged effort to find compromising information on former President Donald Trump out of his upcoming trial on a false statement charge.
New York Law Journal | Analysis
By Thomas A. Moore and Matthew Gaier | April 4, 2022
The rule prohibiting hindsight in medical malpractice actions is often the subject of misapplication and misuse. In their Medical Malpractice column, Thomas Moore and Matthew Gaier clear things up by distinguishing the type of subsequent evidence that is prohibited as impermissible hindsight from admissible deductions based on circumstantial evidence.
By Howard S. Master | April 1, 2022
Criminal defendants can and should be empowered to use compulsory process to uncover the truth themselves.
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