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New York Law Journal

Supreme Court Review of Fourth Amendment Questions Sought in Hard Drive Retention Case

The lawyer for an accountant whose hard drives were seized and held for over two years in a fraud investigation involving a client, and then used to charge the accountant himself for an unrelated crime, is hoping the U.S. Supreme Court will take his case.
8 minute read

New York Law Journal

Computerized DNA Analysis Rejected in Trial of Coach Charged in Youth Slaying

A state judge has rejected prosecutors' attempt to use a particular method of identifying DNA samples at the upcoming trial of a one-time Clarkson University soccer coach accused of strangling a 12-year-old boy.
5 minute read

New York Law Journal

'Birchfield': Split Fourth Amendment Decision on Testing for Alcohol

In his Section 1983 Litigation column, Martin A. Schwartz writes about a split ruling by the U.S. Supreme Court on alcohol testing. The court in 'Birchfield v. North Dakota' held (6-2) that the Fourth Amendment allows the police to compel a warrantless breathalyzer test incident to an arrest for driving while intoxicated (or impaired), but also held that absent exigent circumstances or consent, the Fourth Amendment bars warrantless blood alcohol testing incident to such an arrest.
23 minute read

New York Law Journal

Electronically Stored Information and the Fourth Amendment

In his Corporate Crime column, Steven M. Witzel writes: In dealing with issues involving electronically stored information, Congress, courts and commentators are struggling to find the proper balance between preserving Fourth Amendment rights and providing effective tools for government investigations.
18 minute read

Delaware Business Court Insider

Attempted Spoliation Translates Into Fee-Shifting

Late on New Year's Eve 2013, Philip Shawe broke into the office of his business partner, Elizabeth Elting, removed her hard drive, instructed an employee to image the hard drive, and then returned the hard drive to Elting's office after concealing any evidence that it had been taken.
15 minute read

New Jersey Law Journal

Gibson Dunn Strikes Deal on Bridgegate Subpoenas

With jury selection getting underway next week in the Bridgegate trials of William Baroni and Bridget Anne Kelly, Gibson, Dunn & Crutcher has reached an agreement with defense lawyers allowing the firm's attorneys to testify at trial.
39 minute read

New York Law Journal

Panel Grants Retrial in Bronx Slip-and-Fall Case

A New York appeals court has overturned the dismissal of a trip-and-fall suit in which the plaintiff produced a videotape midtrial.
5 minute read

New York Law Journal

Gonzalez v. Allied Concrete Industries, Inc.

By | August 29, 2016
ATM Receipts, Cell Phone Records Not Likely To Show Workers' Location During Work Hours
3 minute read

The Legal Intelligencer

Commonwealth v. Gayle, PICS Case No. 16-1043 (Pa. Super. Aug. 10, 2016) Stevens, J. (11 pages).

By | August 26, 2016
The trial court properly dismissed a petition for return of property as moot where it determined that the commonwealth was credible in its assertion that it did not possess the property sought to be returned. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Kutsch v. Anthony, PICS Case No. 16-1051 (Pa. Super. Aug. 15, 2016) (memorandum) Ford Elliott, P.J. (13 pages).

By | August 26, 2016
Trial court properly set father's monthly child support obligation at $572 because trial court did not abuse its discretion in basing father's obligation on his post-retirement income. Affirmed.
6 minute read

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