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New York Law Journal

'Missing Witness' Rule Revisited

In his Evidence column, Michael J. Hutter, a professor at Albany Law School, analyzes the Court of Appeals' decisions in 'Devito v. Feliciano,' which decided an issue involving the noncumulative testimony precondition for the missing witness charge, and 'People v. Thomas,' which addressed that precondition in the context of defense counsel's missing witness argument in summation which was made in the absence of a missing witness charge.
12 minute read

New York Law Journal

Ethics and Preparing Witnesses for SEC Testimony

Richard J. Morvillo, a partner at Morvillo, LLP, writes that with the Division of Enforcement of the SEC scrutinizing the practices of defense counsel in preparing witnesses for testimony, a review of relevant ethics rules may be instructive, as well as a discussion of the line between witness preparation and improper coaching.
14 minute read

New Jersey Law Journal

Proposed Evidence Rule Would Align Privileges on Health Communications

A new rule being proposed in New Jersey would create a "unified mental health service provider evidentiary privilege"—an effort to reorganize the present patchwork of privileges that offer varying degrees of protection to different professionals.
4 minute read

Legaltech News

Social Media and E-Discovery Update

It's best to brush up on the discovery of social media before you go dredging Facebook wall posts.
2 minute read

National Law Journal

Zoloft Master Recommends Limitations on Discovery

A special discovery master appointed in the Zoloft multidistrict litigation has recommended that the Pfizer Inc. need not provide information about its internal communications about plaintiffs' doctors just yet.
2 minute read

Corporate Counsel

Until Death or Merger Do Us Part

Attorney-client privilege may not survive after a company is sold.
2 minute read

The Legal Intelligencer

Commonwealth v. Kinard, PICS Case No. 14-0425 (Pa. Super. March 4, 2014) Ford Elliott, J. (41 pages).

By | April 01, 2014
Relevancy of Incriminating Admissions of Other Bad Acts • Expert Testimony • Plea Deal • Sufficiency of Evidence
3 minute read

The Legal Intelligencer

Trial Court OKs Warrants for iPhones, Facebook

A Lackawanna County trial judge has ruled that search warrants seeking information contained on a homicide suspect's iPhone and Facebook account were not overbroad.
9 minute read

The Legal Intelligencer

'Extreme Sanction' Against Pro Se Plaintiffs in Drilling Suit Denied

A federal magistrate judge declined to impose the "extreme sanction" of striking revised expert reports filed by plaintiffs who were at times litigating pro se in a case against oil and gas companies over allegations the drilling tainted the plaintiffs' water supply and devalued their land.
6 minute read

National Law Journal

Supreme Court Syllabus: Summary or 'Black Mark'?

A long-ago syllabus—also called a headnote—played a cameo role in the recently-revived debate about whether corporations have the same constitutional rights that people do.
4 minute read

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