New York Law Journal | Analysis
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
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
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.
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
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.
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.
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
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.
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.
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.
Presented by BigVoodoo
Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!
Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.
The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.
CORE RESPONSIBILITIES AND TASKS: Reporting to the Senior Vice President, Chief Legal Officer &...
Yale New Haven Health seeks a dynamic and collaborative executive to serve as its Vice President, Labor Strategy and Senior Associate Genera...
Nestled in the heart of Northern California Wine Country, Sonoma County is the largest county in the North Bay region of the San Francisco B...