By Colby Hamilton | November 12, 2018
Electronic signatures to domestic violence allegations may offer convenience and sensitivity to accusers in distressing situations, but critics say the ad hoc nature of the DAs' application of the process means a lack of transparency and accountability.
By Jason Grant | November 9, 2018
A state appeals panel said resident Steven Rosen “put his mental condition in issue by seeking to recover damages for emotional distress as a result of the actions alleged" in a complaint that alleged his doorman came after him with a wrench and used anti-Semitic language against him, among other harassing actions.
New York Law Journal | Analysis
By Michael Hoenig | November 9, 2018
Complex Litigation columnist Michael Hoenig writes: Although the complex topic of deposition misbehavior is broad and the variants are many, the common thread running throughout the rules and the case law is: Let the Deponent Testify! With few explicit exceptions, the attorney should not interfere with the witness's answers or the flow of the examination.
New York Law Journal | Analysis
By Maurice J. Recchia | November 8, 2018
In 'Haug v. SUNY Potsdam', the Court of Appeals reversed the Third Department and held that hearsay evidence can support findings of sexual assault on campus even where such hearsay evidence is contradicted by live testimony.
The Legal Intelligencer | Commentary
By Jules Epstein | November 8, 2018
Jules EpsteinOn Oct. 25, the Pennsylvania Supreme Court adopted two amendments to the Pennsylvania Rules of Evidence—the definitions of "Present Sense Impressions" and "Excited Utterances" both had new language added. Each rule now concludes with the following statement:
Corporate Counsel | Expert Opinion
By Eric M. Meiring | November 7, 2018
With so many seemingly well-credentialed attorneys, it can be difficult for corporate counsel to determine who is the correct attorney for a particular representation, especially because no attorney is perfect and every representation presents new and unique challenges for even the most seasoned practitioner.
By Kacy Miller | November 6, 2018
Dr. Jason Bull, a trial scientist and jury consultant who has all sorts of tricks up his sleeve.
New York Law Journal | Analysis
By Mark A. Berman | November 5, 2018
In his State E-Discovery column, Mark A. Berman discusses recent decisions which make clear that counsel needs to be creative and “think outside of the box” as to how to effectively utilize social media.
New York Law Journal | Analysis
By William F. Johnson | October 31, 2018
Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.
By Dan M. Clark | October 30, 2018
Justice Department attorneys wrote in the filing that the plaintiffs in the lawsuit got more credit than they deserved when they asked for extra-record discovery.
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