New York Law Journal | Analysis
By John L.A. Lyddane | November 18, 2019
In his Medical Malpractice Defense column, John L.A. Lyddane discusses the value of exploring a culpable conduct defense when faced with an informed consent claim from a patient who may share responsibility for an unsatisfactory medical procedure outcome.
New York Law Journal | Analysis
By William F. Johnson | November 6, 2019
In his Corporate Crime column, William F. Johnson explores the contours of the attorney-client privilege as it applies to special committees' internal investigations, including with respect to employee interviews and board briefings.
By Tom McParland | November 4, 2019
The conversation captured in both recordings has so far played an important role in the lawsuit, which accuses Dershowitz of defaming Giuffre in a series of public statements calling her a perjurer and a prostitute.
New York Law Journal | Analysis
By Martin A. Schwartz | November 4, 2019
At the end of its last term, the U.S. Supreme Court rendered an important decision concerning the accrual of a §1983 fabrication of evidence claim. In his Section 1983 Litigation column, Martin A. Schwartz discusses the case, 'McDonough v. Smith', in which the court held that the statute of limitations on Edward McDonough's claim that he was prosecuted based upon fabricated evidence did not accrue until he was acquitted of the criminal charges.
New York Law Journal | Analysis
By Katherine B. Forrest | October 28, 2019
"Deepfakes" is the name for highly realistic, falsified imagery and sound recordings; they are digitized and personalized impersonations. Deepfakes are made by using AI-based facial and audio recognition and reconstruction technology; AI algorithms are used to predict facial movements as well as vocal sounds. In her Artificial Intelligence column, Katherine B. Forrest explores the legal issues likely to arise as deepfakes become more prevalent.
New York Law Journal | Analysis
By Toby Kleinman and Daniel Pollack | October 21, 2019
Courts are known for their many rules and regulations. While there are times a family court judge may properly make exceptions to the rules, too many exceptions, or exceptions contrary to accepted science, may reduce transparency and accountability, may undermine predictability, and may not be in the interest of justice. What can attorneys do?
New York Law Journal | Analysis
By Michael J. Hutter | October 2, 2019
in his Evidence column, Michael J. Hutter discusses the background and decision in 'Brito v. Gomez', where the issue was whether a plaintiff who makes a claim for lost earnings and/or loss of enjoyment of life waives the physician-patient privilege with respect to prior injuries not raised in the action by the plaintiff.
By Jacqueline Thomsen | September 25, 2019
The president made the remarks in a call that sparked a well-publicized whistleblower complaint.
New York Law Journal | Analysis
By Paul Shechtman | September 23, 2019
The certiorari stage is typically too early to write about a case, but 'White v. Louisiana' has already attracted the attention of Evidence professors, and rightly so. The U.S. Supreme Court is scheduled to consider White's petition in October, when it returns to business.
New York Law Journal | Analysis
By Robert S. Kelner and Gail S. Kelner | September 20, 2019
In their Trial Practice column, Robert S. Kelner and Gail S. Kelner discuss the significant split that exists between the First and Second Departments as to whether claims for "loss of enjoyment of life" will result in an expanded waiver of the physician-patient privilege and allow defendants to obtain medical records with respect to treatment for prior unrelated injuries or conditions not directly at issue in the lawsuit.
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