Evidence

  • New York Law Journal | Analysis

    Protecting the Record

    By Thomas R. Newman and Steven J. Ahmuty Jr. | December 31, 2018

    In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The protection of the record needed to preserve your right to challenge asserted error at trial consists of much more than bobbing up and down during trial to voice objections, although it is certainly necessary that timely and appropriate objections be made.

  • New York Law Journal | Analysis

    Requiem for the Biomechanical 'Frye' Hearing?

    By Steven Balson-Cohen | December 28, 2018

    On Dec. 5, 2018, a unanimous panel of the Appellate Division, Second Department issued its decision in 'Shah v. Mo. M. Rahman', upholding the trial court's ruling not to grant plaintiff's counsel's application to hold a 'Frye' hearing before admitting into evidence the testimony of a defense biomechanical engineering expert. In so doing, the court, citing, well established Court of Appeals authority, has arguably dealt the biomechanical 'Frye' hearing its final death blow.

  • New York Law Journal | Analysis

    Legal Malpractice and the Attorney-Client Privilege

    By Andrew Lavoott Bluestone | December 27, 2018

    Everyone knows, whether from 'Law and Order' or from popular culture in general, that words spoken to an attorney by a client are forever privileged, sacrosanct and private. As is true with many well-known facts, the true contours of the actual fact may not closely conform to the cliché.

  • New York Law Journal | News

    Jewish Heirs' Worldwide Fight to Reclaim Nazi-Stolen Art Plays Out in Manhattan Courts

    By Jason Grant | December 26, 2018

    A movement by Jewish heirs to reclaim valuable Nazi-looted art scattered worldwide has grown. And Manhattan's courts, both federal and state, are considered to be among the few places in the world where they can get a fair and sophisticated legal hearing on their claims.

  • New York Law Journal | Analysis

    Use and Abuse of Confidentiality Orders

    By Thomas J. Hall and Judith A. Archer | December 20, 2018

    In their Commercial Division Update, Thomas J. Hall and Judith A. Archer write: While confidentiality orders are valuable tools in protecting competitive and other sensitive information, they are subject to abuse. Aggressive or inattentive counsel can overdesignate those documents that are protected, adding burden and expense to the opposing party. Indeed, in a recent Commercial Division case, Google was sanctioned for just that. This decision sends a stern reminder to litigation counsel of the need to be well versed on the applicable rules and standards, which we address below.

  • Law.com | News

    Judge Upholds $4.7 Billion Talc Verdict, Citing J&J's 'Reprehensible Conduct'

    By Amanda Bronstad | December 19, 2018

    One day earlier, another judge ruled that he had "grave doubts" about granting Johnson & Johnson's summary judgment in a case brought by the state of Mississippi.

  • Litigation Daily | News

    Citing J&J's 'Reprehensible Conduct,' Judge Upholds $4.7 Billion Talc Verdict

    By Amanda Bronstad | December 19, 2018

    One day earlier, another judge ruled that he had "grave doubts" about granting Johnson & Johnson's summary judgment in a case brought by the state of Mississippi.

  • New York Law Journal | Analysis

    Father and Son: Revisiting the Parent-Child Privilege in New York

    By David Paul Horowitz and Lukas M. Horowitz | December 19, 2018

    In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz write: Twenty years ago there was a push, albeit ultimately unsuccessful, to enact a parent-child privilege in New York. Given the myriad legal and societal changes in the last 20 years, perhaps it is time to revisit the idea of codifying the privilege.

  • Texas Lawyer | News

    5th Circuit Vacates Trucker's Immigrant-Smuggling Conviction After Government Witnesses Don't Show for Trial

    By John Council | December 18, 2018

    In a divided opinion, the U.S. Court of Appeals for the Fifth Circuit has reversed the alien-smuggling conviction of a trucker because he wasn't allowed to confront two undocumented immigrant witnesses who testified for the government via videotape but couldn't be located in Mexico to appear for trial.

  • New York Law Journal

    Blockchain: Immutable Ledger, But Admissible Evidence?

    By Neil Gray and Maxwell J. Eichenberger | December 14, 2018

    This article begins with a brief overview of blockchain technology, then addresses the current evidentiary hurdles blockchain records face, and concludes with considerations for attorneys seeking to enter blockchain receipts (discussed further below) into evidence and businesses implementing blockchain solutions.

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