By David A. Prange and Benjamen C. Linden, Robins Kaplan | June 4, 2020
Once source code evidence has been developed, the next challenge is presenting the evidence in court. That challenge includes selecting the proper witness to testify, sealing the courtroom at trial, and the logistics of presentation in court.
By Sarah M. Lucey | June 4, 2020
A recent California Supreme Court decision offers guidance, but no a bright line rule for a crucial issue in the case: What agency processes do, and do not, qualify as "data extraction," the costs of which agencies may permissibly shift to requesters?
By Sarah M. Lucey, Shute, Mihaly & Weinberger | June 4, 2020
A recent California Supreme Court decision offers a bright line rule for a crucial issue in the case: What agency processes do, and do not, qualify as "data extraction," the costs of which agencies may permissibly shift to requesters?
By Tom McParland | June 2, 2020
The ruling also allowed prosecutors to use Kings County Supreme Court Justice Sylvia Ash's emails, as well as statements she made to investigators and a grand jury, as evidence in the case.
Connecticut Law Tribune | News
By Robert Storace | June 1, 2020
A Danbury attorney represented an anonymous cooperating witness in a murder case that spanned several states. That witness provided authorities with information about the possible whereabouts of Peter Manfredonia, who was wanted in two murders and captured in Maryland after six days on the run.
By David Parnall | May 29, 2020
How far can a deposing attorney go in requesting the deponent to reveal the world of information at the deponent's fingertips?
New York Law Journal | Analysis
By Alan W. Clark | May 28, 2020
Courts must consider whether habit or circumstantial evidence belongs to the creative imagination of the party or attorney and is being used in such a way to unjustifiably excuse an act or omission of carelessness or negligence when the party has no recollection of the events.
New York Law Journal | Analysis
By Alan W. Clark | May 27, 2020
Can evidence of a health care provider's custom and practice be admissible at trial as habit evidence to prove a fact or standard of care? Can such evidence be proof in support of due care or lack thereof sufficient to support or oppose a motion for summary judgment for or against a party? Can such evidence arise from a creative imagination and be a poor excuse for medical negligence?
By Kelly Woodruff | May 22, 2020
One of the most common mistakes appellate specialists see in civil appeals is the submission of inadmissible evidence in support of (or opposition to) a pretrial motion.
New York Law Journal | Analysis
By Milad Boddoohi and Steven Sladkus | May 18, 2020
A closer look at an underutilized tool rooted in the New York State Legislature's Amendment to CPLR 4511.
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