New York Law Journal | Analysis
By Scott M. Kessler and Megan M. Admire | May 6, 2020
Recently, the Southern District of New York issued an opinion in 'In re Application of Aenergy, S.A.' highlighting common pitfalls when counsel asserts the attorney-client privilege.
New York Law Journal | Analysis
By Daniel M. Sullivan and Evan H. Stein | April 28, 2020
With respect to the defendant's burden of proof—and what evidence it may use to meet that burden—the question arises: Must the defendant make its own, affirmative showing of non-parties' potential liability? Or can it rely instead on evidence introduced by the plaintiff?
New York Law Journal | Analysis
By Paul Shechtman | April 20, 2020
The court in 'Williams' denied the defense's request for a 'Frye' hearing on LCN DNA testing.
New York Law Journal | Commentary
By Ugo Colella and John J. Zefutie Jr. | April 15, 2020
The COVID-19 models that have been used to justify the U.S. shutdown appear to come nowhere near the level of rigor demanded in our legal system.
New York Law Journal | Analysis
By Michael J. Hutter | April 1, 2020
Admissibility of the results of demonstrations and experiments turns upon the establishment of a proper foundation for their admission into evidence. In this edition of his Evidence column, Michael J. Hutter explores the nature of this required foundation.
By Kraig Ahalt and Jeffrey A. Udell | March 6, 2020
There is no question that law enforcement's use of consumer genetic testing databases will soon grow exponentially.
By Diane P. Sullivan and Jed P. Winer | March 6, 2020
This list will serve as a practical starting point to begin developing creative points for an effective cross-examination of the other side's expert.
New York Law Journal | Commentary
By Arthur M. Diamond | February 28, 2020
The jury should have the option of seeing the actual testimony as they had it during the trial.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | February 25, 2020
In their Second Circuit Review column, Martin Flumenbaum and Brad Karp discuss 'United States v. Silver,' a decision they write "limits significantly the Second Circuit's longstanding bribery precedent, raising the bar for what the government must prove to establish the existence of a quid pro quo in public corruption cases."
New York Law Journal | Analysis
By Michael Hoenig | February 7, 2020
In his Complex Litigation column, Michael Hoenig discusses the hearsay rule and some of its exceptions, particularly focusing on the newly revised revised Rule 807, which is now seemingly more muscular than the old rule and may go from rare use to a thriving battlefront.
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