New York Law Journal | Analysis
By Marc L. Greenwald and James Meehan | February 2, 2021
On Oct. 21, 2020, President Trump signed the Due Process Protections Act. While the act does not contain the sweeping substantive changes to 'Brady' disclosures that were proposed in the FDEA, it represents an important step toward ensuring that the accused has access to exculpatory evidence that could prove their innocence.
By Andrew Peck, Jennifer Feldman, Leeanne Mancari and Dennis Kiker | January 29, 2021
This article provides a framework for making defensible deletion an attainable goal. If the process has been well-planned, executed, and documented, the risk of sanctions for inadvertent spoliation of evidence is slight.
By C. Ryan Barber | January 27, 2021
For the U.S. attorney's office in Washington, it has required an all-hands effort, pulling in prosecutors with varied expertise and backgrounds bringing cases over everything from bank robbery and sanctions violations to espionage and murder.
Daily Report Online | Commentary
By Mark Loudon-Brown and M. Chris Fabricant | January 27, 2021
"A civil defendant's money is protected against unreliable science, but a criminal defendant's life is not."
New York Law Journal | Analysis
By Julian B. Modesti and Meaghan T. Feenan | January 27, 2021
A discussion of the most common evidentiary obstacles trusts and estates litigators should be aware of, including: (1) the probate exception to the attorney-client privilege; (2) how to invoke the Three-Two Year Rule; and (3) the Dead Man's statute.
By Raychel Lean | January 26, 2021
"This is almost like a math equation. When negligence plus a lying defendant equals policy limits," plaintiffs counsel said.
By Raychel Lean | January 26, 2021
When a crucial piece of pipe from a major water loss at an NFL player's South Florida home mysteriously disappeared, these Broward lawyers were in a bind — suddenly unable to prove to an insurer how the damage actually happened.
New Jersey Law Journal | Analysis
By Eric S. Poe | January 22, 2021
A plaintiff's passionate testimony is highly prejudicial in the eyes of a jury, yet has no probative value based on the instructions given to that jury. We need to eradicate this contradiction to ensure fairness in our judicial system.
The Legal Intelligencer | Commentary
By Jules Epstein | January 20, 2021
When a witness is impeached with a prior statement's inconsistencies or omissions, does that entitle the proponent to introduce the entire remainder of the impeaching statement? How is this to be managed if there were only two or three impeaching points, and the statement itself ran for over 40 pages and had material not testified to on direct?
By Dara Kam | January 14, 2021
Former Department of Health COVID-19 data analyst Rebekah Jones garnered national attention after alleging that Gov. Ron DeSantis' administration was manipulating data about COVID-19 cases and deaths. The spotlight on Jones was heightened after she posted a video of armed agents executing a search warrant at her home.
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