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New York Law Journal

Implications of SCOTUS Expert Intent Ruling for the White-Collar Bar

Bonnie Baker discusses the recent Supreme Court decision in 'Diaz v. United States,' involving expert testimony on a defendant's mental state in a criminal case and offers key advice and considerations for white-collar lawyers.
9 minute read

New York Law Journal

Sanctions for Spoliation of Evidence in Matrimonial Actions

"In situations of negligent destruction of evidence, the court must consider the prejudice resulting from spoliation in determining what type of sanctions are warranted," writes Joel R. Brandes.
13 minute read

New York Law Journal

Dealing with 'Diaz': How Defendants Can Combat and Use Expert Testimony Regarding Group Mental State

Quinn Emanuel partners Michael Packard and Daniel Koffmann discuss the recent decision in 'Diaz v. United States,' where the Supreme Court has given prosecutors the green light to prove defendants' criminal intent by offering expert testimony about the mental state of people "like" the defendant.
13 minute read

Legaltech News

Deepfakes in Legal Proceedings: A Strategic Framework for Collaborative Solutions

To meet baseline duties of competence, lawyers must be prepared to detect and address deepfakes, to support a claim that audio or video evidence is fake, or to prove audio and video evidence is authentic.
13 minute read

New York Law Journal

The Supreme Court Malicious Prosecution Decision

"Section 1983 authorizes a claim for relief only for violations of federally protected rights, not state law rights," writes Martin A. Schwartz.
9 minute read

New York Law Journal

Court of Appeals Evidence Decisions: A Potpourri of Rules for Criminal (Mostly) and Civil Actions, Part 2

Columnist Michael J. Hutter continues his discussion of the Court of Appeals 2023-2024 term, "addressing significant evidence issues."
13 minute read

Texas Lawyer

Demonstrative Evidence: Seeing Really Is Believing

"Jurors' brains process visual images 60,000 times faster than text, and jurors have a faster, stronger emotional reaction to visuals than words, alone. Visuals cause emotional reactions in jurors that increase information retention and motivate jurors to act," according to Quentin Brogdon of Crain Brogdon.
6 minute read

The Recorder

'United States v. Lynch': Challenges and Strategies for Defending Against Government Experts Used in Lieu of Percipient Witnesses

"Rather than asking percipient witnesses about the impugned transactions, the government retained an expert to second-guess the very same accounting decisions Autonomy's independent auditors had approved in real time," write Steptoe's Brian Heberlig and Galen Kast.
9 minute read

Legaltech News

Deepfakes on Trial: Can the Law Keep Up With Faked Reality?

Traditionally, recordings were assumed to be accurate. Now, courts face a crucial question: Who proves a recording is real when it could be a deepfake?
6 minute read

New York Law Journal

Defending Police Officers in Wrongful Conviction Cases

As there has been a substantial increase in civil litigation concerning wrongful convictions, police officers and municipalities face potential liability for their involvement in the arrest and criminal prosecution of the wrongly accused. While wrongful conviction cases are incredibly nuanced, these cases are still highly defensible and there are a multitude of ways that police officers and municipalities can be defended against such claims.
8 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

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