Evidence

  • New York Law Journal | Analysis

    Jurors and Implicit Bias

    By David Paul Horowitz and Lukas M. Horowitz | January 25, 2019

    In their Burden of Proof column David Paul Horowitz and Lukas M. Horowitz write: The judicial system recognizes and addresses attorney bias in jury selection, bias of eyewitnesses when identifying people of other races in criminal trials, and the impact of implicit bias on attorneys and judges. However, one stakeholder in our judicial system does not receive guidance in implicit bias: jurors. Whether they should, or not, is this month's topic.

  • New York Law Journal | Letter to the Editor

    New Yorkers Should Push for Police Accountability

    By Oded Oren | January 24, 2019

    When judges deny hearings, the officers do not take the stand; they do not testify under oath; they are not subjected to scrutiny by the judge and the litigation process itself. If any misconduct took place, it does not see the light of day.

  • New York Law Journal | Analysis

    The Power of Administrative Agencies and the Peril of Substantial Evidence Review

    By Thomas F. Gleason | January 16, 2019

    In his New York Practice column, Thomas F. Gleason writes: The scope of deference to administrative agencies was recently treated by a divided panel of the Appellate Division, Third Department, whose decision in an Article 78 substantial evidence proceeding was reversed by a divided Court of Appeals in 'Matter of Haug v. State University of N.Y. at Potsdam'. The disturbing facts and the review standard make compelling reading—and not just for lawyers.

  • New York Law Journal | Analysis

    The Defense of the Informed Consent Claim

    By John L.A. Lyddane | January 14, 2019

    In his Medical Malpractice Defense column John L.A. Lyddane discusses how to approach the defense of the informed consent claim at trial. He writes: In the proper context, the defense should be able to demonstrate that although the outcome was undesirable, the decision to accept the risk prior to the procedure was a rational one and a reasonably prudent person would not have refused consent.

  • New York Law Journal | Analysis

    A Dose of Reality for the NYC Asbestos Litigation

    By Joseph A. D'Avanzo and Zachary Levy | January 11, 2019

    The opinions in 'Juni' present a sea change in the presentation of evidence on the issue of causation in New York asbestos cases. Plaintiffs will need to evaluate their proof on this issue to ensure that it meets the requirements of 'Parker' and 'Cornell'.

  • New York Law Journal

    Advising Banks: the CSI Peril

    By Philip M. Berkowitz | January 9, 2019

    In his Employment Issues column, Philip M. Berkowitz writes: What are the risks of misusing confidential supervisory information? A recent matter involving a former Federal Reserve Bank of New York examiner and a Goldman Sachs banker is instructive.

  • New York Law Journal | Analysis

    Protecting the Record

    By Thomas R. Newman and Steven J. Ahmuty Jr. | December 31, 2018

    In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. write: The protection of the record needed to preserve your right to challenge asserted error at trial consists of much more than bobbing up and down during trial to voice objections, although it is certainly necessary that timely and appropriate objections be made.

  • New York Law Journal | Analysis

    Requiem for the Biomechanical 'Frye' Hearing?

    By Steven Balson-Cohen | December 28, 2018

    On Dec. 5, 2018, a unanimous panel of the Appellate Division, Second Department issued its decision in 'Shah v. Mo. M. Rahman', upholding the trial court's ruling not to grant plaintiff's counsel's application to hold a 'Frye' hearing before admitting into evidence the testimony of a defense biomechanical engineering expert. In so doing, the court, citing, well established Court of Appeals authority, has arguably dealt the biomechanical 'Frye' hearing its final death blow.

  • New York Law Journal | Analysis

    Legal Malpractice and the Attorney-Client Privilege

    By Andrew Lavoott Bluestone | December 27, 2018

    Everyone knows, whether from 'Law and Order' or from popular culture in general, that words spoken to an attorney by a client are forever privileged, sacrosanct and private. As is true with many well-known facts, the true contours of the actual fact may not closely conform to the cliché.

  • New York Law Journal | News

    Jewish Heirs' Worldwide Fight to Reclaim Nazi-Stolen Art Plays Out in Manhattan Courts

    By Jason Grant | December 26, 2018

    A movement by Jewish heirs to reclaim valuable Nazi-looted art scattered worldwide has grown. And Manhattan's courts, both federal and state, are considered to be among the few places in the world where they can get a fair and sophisticated legal hearing on their claims.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department, working...


Apply Now ›

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›