New York Law Journal | Analysis
By Steven Henesy | September 14, 2020
In this article on Constitutional Law, Steven Henesy discusses whether a non-party's invocation of the Fifth Amendment can result in a negative inference against a party in a civil case in New York.
New York Law Journal | Analysis
By Evan T. Barr | September 2, 2020
In his Corporate Crime column, Evan Barr re-acquaints defense practitioners with the basic parameters of the marital communications privilege.
New York Law Journal | Analysis
By Mark A. Berman | August 31, 2020
Mark A. Berman's State E-Discovery column: Addressing the rarely litigated issue of the production of "litigation hold" related documents, a recent decision discusses when such information is required to be turned over to the party alleging spoliation.
New York Law Journal | Expert Opinion
By Lisa Zornberg | August 27, 2020
It's the first time the Court has applied the test since articulating it in 1981.
New York Law Journal | Expert Opinion
By Tim Capowski and John Watkins | August 10, 2020
Tim Capowski and John Watkins discuss the inherent problems with the "tailored testimony rule" and conclude that "allowing litigants to reverse or revise themselves, without explanation, and without penalty undermines the search for truth and turns litigation into mere sport."
New York Law Journal | Analysis
By Michael J. Hutter | August 5, 2020
In his Evidence column, Michael J. Hutter discusses statutes that emerged to curtail or otherwise overrule New York's common law that permitted the admission of evidence of the past sexual behavior of the complainant in a sexual assault prosecution to establish the complainant's unchaste character.
New York Law Journal | Expert Opinion
By Jay Goldberg and Alex S. Huot | July 31, 2020
The author shares his views on District Judge Allison Nathan's opinions in 'U.S. v. Ali Sadr Hashemi Nejad,' and the earlier 'U.S. v. Pizarro,' where she makes it clear that there cannot be adherence to 'Brady' by merely allowing the government to state that it is "aware of its obligation."
New York Law Journal | Analysis
By Peter Brown | July 29, 2020
In Peter Brown's Technology Law column, he discusses distrust in AI systems and how this distrust may become a roadblock to the successful implementation of this useful and innovative technology.
New York Law Journal | Expert Opinion
By Brian M. Heberlig and Reid H. Weingarten | July 24, 2020
Egregious Brady violations revealed post-trial lead to a vacated verdict and dismissal with prejudice in United States v. Sadr, where the U.S. Attorney for the Southern District of New York determined 'it would not be in the interests of justice to further prosecute this case.'
New York Law Journal | Analysis
By John L.A. Lyddane | July 20, 2020
In his column on Medical Malpractice Defense, John L.A. Lyddane discusses access to the records of a patient's psychiatric treatment.
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