By newyorklawjournal | New York Law Journal | September 12, 2017
Declaration Stricken Where Declarant Failed To Adequately State Basis for Knowledge
By newyorklawjournal | New York Law Journal | September 7, 2017
The Court of Appeals heard arguments Thursday in the case of a man convicted of burglary based largely on forensic blood evidence destroyed by floodwaters from Superstorm Sandy.
By Andrea M. Alonso and Kevin G. Faley | September 7, 2017
Andrea M. Alonso and Kevin G. Faley discuss cases illustrative of the determination a court makes in weighing whether to accept a child's testimony.
By Benjamin Dynkin and Barry Dynkin | September 6, 2017
Benjamin Dynkin and Barry Dynkin write: We live in a truly digital age, where we fill 250,000 Libraries of Congress per day. Naturally, this data has begun to seep into our legal system, but lawyers and litigants have not paid close enough attention to how that data can be used. With a clever forensic technician, an attorney can request access to and analyze a nigh unlimited amount of data, which can be used to impeach a witness's credibility to devastating effect.
By newyorklawjournal | New York Law Journal | August 31, 2017
Less Stringent Sanction of Adverse Inference Charge Appropriate for Not Preserving Emails
By newyorklawjournal | New York Law Journal | August 29, 2017
Protective Order Barring Deposition Of Risk Management Director Granted
By Martin Flumenbaum and Brad S. Karp | August 29, 2017
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp analyze a recent case where the court wrestled with the modern world's reliance on foreign governments to help investigate and develop cases but declined to allow the government's investigatory needs to outweigh defendants' constitutional rights.
By newyorklawjournal | New York Law Journal | August 25, 2017
Common Interest Rule of Attorney-Client Privilege Not Supported in Case Against Police
By Rhys Dipshan | August 25, 2017
A battle over a DOJ's search warrant highlights the ongoing struggles to define the scope of search warrants and First and Fourth Amendment rights in the digital age.
By Andrew Denney | August 15, 2017
In the impending trial for a man accused of planting bombs in New York City and New Jersey, prosecutors will not be able to submit evidence related to the defendant's alleged shootout with and flight from Linden, New Jersey police.
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