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Daily Report Online

'Rule 403 Has Some Real Substance': Judge's Admission of Rap Video Leads to Reversal

"Evidence is being abused when the judges don't put their foot down and say, 'this is too prejudicial,'" said Donald F. Samuel of Garland, Samuel & Loeb in Atlanta. "That's what Rule 403 is designed to do."
8 minute read

Legaltech News

E-Discovery By Design: An Impossible Aim, or a Growing Reality?

Though the concept behind e-discovery by design isn't entirely new, it has gained momentum as some of the biggest enterprise solutions started offering built-in e-discovery capabilities. But will these be enough?
6 minute read

New York Law Journal

CPLR 2106 Amended to Permit Any Person to Submit an Affirmation in Lieu of an Affidavit (Part 2)

In the second installment of his New York Practice column on the amendment to CPLR 2106, which went into effect Jan. 1, 2024, Patrick M. Connors continues the discussion by highlighting additional potential problems presented by the amendment.
13 minute read

New York Law Journal

CPLR 2106 Amended To Permit Any Person To Submit Affirmation in Lieu of Affidavit

In the first of this two-part New York Practice column, Patrick M. Connors discusses how, effective Jan. 1, 2024, CPLR 2106 was substantially amended to allow any person to submit an affirmation in lieu of an affidavit, "with the same force and effect." This is one of the most significant changes to the CPLR in the 21st century and will impact many areas of practice.
11 minute read

Connecticut Law Tribune

Decision Day in Troconis Murder Conspiracy Trial: Who's Winning? Reviewing Key Moments With Lawyer Lee

A check-in with an attorney who has kept watch over Connecticut's "case of the century."
5 minute read

Law.com

IBM Ordered to Produce Documents in Relation to Chemical Company's Spoliation of Evidence Claim by Ohio Judge

In a recent ruling, a judge granted The Lubrizol Corp.'s motion to compel the production of documents in support of its claims for spoliation of evidence against IBM, with Ohio being one of the few jurisdictions that permits parties to assert a cause of action for the tort of spoliation of evidence.
6 minute read

Daily Report Online

How a Plaintiffs Lawyer Secured $6M Gwinnett Co. Settlement Despite Adverse Police Report

"It's the perfect example of a case where you shouldn't take the police report at face value," said Darl Champion of the Champion Firm, who litigated the case with co-counsel Adrienne McKay.
4 minute read

Daily Report Online

Columbus Attorney Leads Purported Self-Defense Claim to $20.7M Wrongful Death Verdict

"When you sense that something is wrong, you need to look into it. You need to get the experienced consultants, and experts necessary to figure out the science of a case because things aren't always as they appear, and that certainly turned out to be the case here," lead attorney Teresa Tomlinson of Hall Booth Smith told the Daily Report.
4 minute read

New York Law Journal

'Appellate Advocates': Application of Attorney-Client Privilege to Government Communications and More

A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
11 minute read

Daily Report Online

Cellphone Evidence in Spotlight as Justices Scrutinize Admissibility

"If we give police officers the idea that they can illegally access a cellphone, see whatever's on there and then go get a warrant based upon the warrantless stuff that they've seen, they can reverse engineer enough probable cause," argued appellant counsel John Jay McArthur.
6 minute read

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