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New York Law Journal

Weight of Evidence and Extreme Emotional Disturbance

In his Criminal Law and Procedure column, Barry Kamins, administrative judge, Criminal Court of the City of New York, reviews a recent appellate decision that found, for only the second time since the Court of Appeals ushered in the "modern era" of weight-of-the-evidence review in 'Bleakley,' that it was against the weight of evidence for a jury to reject the affirmative defense of extreme emotional disturbance.
12 minute read

National Law Journal

Perils of the 'Bring Your Own Device' Workplace

Relying on employees to furnish their own smartphones and tablets makes it tricky to control data.
7 minute read

National Law Journal

Lawyers Beware of China's Thorny Privacy Laws

U.S. attorneys can get tripped up by unfamiliar regulation, which, if violated, can mean stiff penalties.
6 minute read

The Legal Intelligencer

The Vital Role of Graphics in the Courtroom

Jurors expect information to be presented in a way that accommodates them. And with today's jury groups being composed of more Generation X and Y-ers - two groups that thrive in an environment where news and information are presented in a fast-paced, brief manner - it is imperative that information in the courtroom follows suit, or it will be lost on the audience.
4 minute read

Corporate Counsel

Homebodies

Conference attendees say they prefer to keep e-discovery in-house.
2 minute read

Corporate Counsel

Seeking Salvation in the Cloud

TD Bank tries to work its way out of an e-discovery mess—and cut costs.
4 minute read

Delaware Business Court Insider

Chancery Affirms Director's Right of Access to Corporate Information

A recent Chancery Court decision underscores the broad scope of a director's right to information, even where he is a plaintiff in litigation action against the corporation. In Kalisman v. Friedman, C.A. No. 8447-VCL (Del. Ch. Apr. 17, 2013), the court held that a corporation could not assert the attorney-client privilege or work-product doctrine to withhold documents from a director who had been frozen out of the deliberative process on a controversial recapitalization plan.
8 minute read

The Legal Intelligencer

Philadelphia Traffic Court Tests Placed Under Protective Order

The federal judge presiding over the Philadelphia Traffic Court ticket-fixing cases issued a protective order for the tests taken by six indicted members of the minor judiciary.
4 minute read

Delaware Business Court Insider

Court of Chancery Addresses At-Issue Exception to Attorney-Client Privilege

In a little over a week, the Court of Chancery issued two decisions addressing the at-issue exception to the assertion of attorney-client privilege. The at-issue exception applies when: (1) a party injects privileged communications into the litigation; (2) a party injects an issue into the litigation, the truthful resolution of which requires analysis of privileged communications. Applying this standard, the Court of Chancery reached different conclusions regarding the applicability of the at-issue exception in In re Comverge Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. Apr. 10, 2013), and JPMorgan Chase & Co. v. American Century, C.A. No. 6875-VCN (Del. Ch. April 18, 2013).
5 minute read

Delaware Business Court Insider

When Is Advice of Counsel a Defense You Can Raise, but Not Disclose?

Most defendants in corporate fiduciary duty litigation want to say, "My lawyer said it was all right." They usually avoid making that point for fear of waiving the attorney-client privilege. A recent Court of Chancery decision suggests that it is possible to say your lawyer advised you without opening the door to disclosure of exactly what the lawyer said. Doing so involves walking a tightrope. One slip and you're waiving your privilege. Yet, the benefits may be worth the risk.
5 minute read

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