By Mike Scarcella | July 23, 2019
Stuart Gerson, Neal Katyal, James Comey and many others are writing about the things they want Mueller to be asked—and answered—at Wednesday's hearings. Here's a snapshot.
By ALM staff | July 18, 2019
In one of the documents released Thursday, an FBI agent said it appears then-candidate Trump was involved in discussions over the hush money payment to former porn star Stephanie Clifford.
By Tom McParland | July 17, 2019
U.S. District Judge Paul A. Engelmayer of the Southern District of New York on Wednesday granted summary judgment in favor of Whole Foods, finding that plaintiff Sean John lacked standing to bring his claims.
New York Law Journal | In Brief|News
By Tom McParland | July 17, 2019
A Manhattan federal judge on Wednesday ordered U.S. prosecutors to release unredacted search warrants from an investigation into hush-money payments Michael Cohen made to adult-film actress Stephanie Clifford ahead of the 2016 presidential election.
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | July 15, 2019
In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz write: While Court of Appeals precedent counsels against judges making credibility determinations, in the summary judgment arena trial and appellate courts in New York appear to do just that, electing to disregard testimony deemed to be “tailored,” “feigned,” “patently false,” or “demonstrably false.”
New York Law Journal | Analysis
By Michael Hoenig | July 3, 2019
In his Complex Litigation column, Michael Hoenig discusses an important recent decision on permissible exercise of long-arm jurisdiction by New York courts over an Ohio merchant of guns, and provides an update on deposition misconduct in light of a decision awarding sanctions against plaintiff's counsel in a multidistrict class action litigation.
New York Law Journal | Analysis
By Evan T. Barr | June 24, 2019
Should fingerprints and facial recognition be treated more like passcodes and passwords in the smartphone context? Two recent cases reflect a split of authority on that question.
New York Law Journal | Analysis
By Peter A. Crusco | June 24, 2019
In his Cyber Crime column, Peter A. Crusco addresses whether and under what circumstances blockchain evidence is admissible in a New York state court.
By Gerald Lebovits and Julian M. Rodriguez | June 18, 2019
Unanticipated evidentiary issues often arise during trial. How litigators deal with unexpected evidentiary issues will make all the difference. Litigators must be ready to object quickly and to respond to objections quickly.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | June 17, 2019
In their Southern District Civil Practice Roundup column, Edward Spiro and Christopher Harwood discuss the recent cases 'Barbini v. First Niagara Bank' and 'In re Keurig,' where Judge Nelson Roman and Magistrate Judge Henry Pitman addressed difficult privilege issues often arising in litigation such as evaluating whether a party has impliedly waived privilege through its litigation conduct, and the extent to which a party can use a privileged document that has been inadvertently produced.
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