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March 07, 2013 | New York Law Journal

Panel Faults Mail Reading in Consensual Vehicle Search

A state trooper violated the constitutional rights of a motorist when he read a letter he discovered after the motorist consented to a search of the vehicle, the Second Circuit said yesterday. However, the court found that the trooper was entitled to qualified immunity.
5 minute read
August 06, 2012 | New York Law Journal

Limited Protective Searches of Automobiles: Further Clarification

In his Criminal Law and Procedure column, Barry Kamins, an acting Supreme Court justice, writes: Twenty-three years ago, in 'People v. Torres,' the Court of Appeals parted ways with the U.S. Supreme Court over the predicate for limited protective searches of vehicles in the absence of probable cause. Recently, the First Department identified the proper post-'Torres' standard, after careful analysis of cases from the four departments.
11 minute read
January 12, 2011 | Corporate Counsel

Drug Company's Argument May Not Pass Smell Test With Justices

One sign that an O'Melveny & Myers lawyer was in hot water before the Supreme Court came early, when Justice Antonin Scalia called his client's cold medication 'zircon,' instead of Zicam.
5 minute read
January 04, 2011 | The Recorder

Mark Pierce

The Santa Clara Superior Court judge says attorneys should not fear asking questions.
9 minute read
December 20, 2002 | Law.com

Court Will Mull Banning Judges From Discriminatory Groups

The California Supreme Court thrilled rights activists Thursday by announcing that it plans to conduct further study on a proposal to prevent the state's judges from belonging to groups -- such as the Boy Scouts of America -- that discriminate against gays. In a short statement, the high court said that during Wednesday's weekly administrative conference, the seven justices "discussed at length" proposals submitted by groups such as the Bar Association of San Francisco and the L.A. County Bar Association.
3 minute read
July 03, 2013 | The Recorder

Bar Wants Tool to Target Unlicensed Practitioners

5 minute read
December 21, 2012 | New York Law Journal

Assigning Value to Long-Term Incentive Pay

In his Executive Compensation column, Joseph E. Bachelder III, a special counsel to McCarter & English, asks: 'Can we really expect to find a simple, concise explanation of value where there are so many different ways of looking at such value?'
13 minute read
September 06, 2011 | The Legal Intelligencer

Attorneys must make an extra effort to avoid inadvertent contact with jurors during a trial

I am in the middle of a jury trial and during the lunch break, I was eating lunch at a local restaurant. Suddenly a voice said, "I'm one of the jurors on your case and you should stop talking."
8 minute read
August 02, 2011 | New York Law Journal

Firm Seeks Apology for Anti-Chinese Laws

6 minute read
May 21, 2013 | New York Law Journal

Parens Patriae and Infants' Funds

Lainie R. Fastman, a partner at The Law Firm of Hall & Hall, writes that many attorneys fail to include in wills and trusts the most rudimentary provisions to direct how infants' funds are to be administered, even where a testator has a family, or where payments to infants are anticipated.
14 minute read

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