By Colby Hamilton | April 29, 2019
Attorneys for media organizations barred from hearing 'inflammatory' evidence sought for introduction in Harvey Weinstein's upcoming criminal trial initially sought a stay of the proceedings before Justice James Burke on April 26.
By Colby Hamilton | April 26, 2019
The state Supreme Court judge said allowing the press to report on the claims of sexual assault the DA's office hopes to use would potentially deprive Harvey Weinstein of a fair trial.
By Colby Hamilton | April 22, 2019
Supreme Court Justice James Burke gave the press until April 22 to make their arguments for why the evidence hearing on potential evidence in the Weinstein sexual assault trial should not be closed to the public.
New York Law Journal | Analysis
By Paul Shechtman | April 17, 2019
Every few years, the New York Court of Appeals considers an evidence issue that would make a challenging law school exam question. This year's case is 'People v. Tapia'.
New York Law Journal | Analysis
By Katherine B. Forrest | April 16, 2019
Today, artificial intelligence is actually able to provide much of the same evidence that human witnesses can, with a higher degree of accuracy, unerring memory and an absence of personal motivation.
New York Law Journal | Analysis
By Michael J. Hutter | April 3, 2019
In his Evidence column, Michael J. Hutter discusses the background, outcome and takeaways from the Third Department decision in 'Wrubleski v. Mary Imogene Basset Hosp.', in which the Appellate Division addressed the legal/non-legal distinction of client communications in the context of determining whether a client's written notes made post-accident setting forth her account of how she was injured, the medical treatment she received for her injuries, and the medications she took during her post-operative care, could be viewed as a privileged confidential communication.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | April 1, 2019
In their Federal E-Discovery column, H. Christopher Boehning and Daniel Toal write: Privilege and waiver issues can be especially vexing, particularly when amplified in the e‑discovery context. In 'Pearlstein v. Blackberry', Judge Katharine Parker helps unravel some of these issues, presenting what amounts to a primer on these topics.
New York Law Journal | Commentary
By Darren LaVerne and Jessica Weigel | March 26, 2019
The claim that early production of witness statements threatens to engender perjury and obstruction is based on the notion—inimical to our system of justice—that every person charged with a crime is guilty and likely to flout the law in order to escape punishment. A statute that rests on this presumption is, in 2019, long overdue for reform.
By Ellis Kim | March 25, 2019
Rep. Jerrold Nadler, the top Democrat on the House Judiciary Committee, said his panel would call on Barr to testify before lawmakers “in the near future.”
By Colby Hamilton | March 19, 2019
Among the most substantially redacted section is prosecutors' supporting information for the campaign finance violations Cohen would later plead guilty to.
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