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Expert Witnesses and Human Biometrics

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Tuesday, May 13, 2008

By Ken Strutin

Ken Strutin, director of legal information services at the New York State Defenders Association, writes that in photo comparison identification cases, prosecutors have argued against the science or the appropriateness of biometric evidence. But a defendant has due process and compulsory process rights to present a defense to a critical element of the state's case, identification.

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Taser Scores Perfect Record Against Lawsuits

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Tuesday, May 6, 2008

By Peter C. Neger

Peter C. Neger, a partner at Bingham McCutchen, has a suggestion for a Mother's Day gift: Taser's consumer-oriented "electronic control device" - the C2 model - comes in "Fashion Pink," "Black Pearl" and "Desert Camouflage" styles and is marketed as an item "that can fit in a pocket or purse."

E-Discovery Enters the World of Arbitration

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Tuesday, April 29, 2008

By C.R. Ragan and Robert F. Copple

C.R. Ragan, a partner in Redgrave Daley Ragan & Wagner, and Robert F. Copple, a partner in Copple & Associates, write that in recent years, arbitration has received criticism for being as costly and time-consuming as litigation. This bloating of the arbitration process, where it occurs, is usually the result of counsel and litigants importing court-style discovery into arbitration. Fortunately, some emerging solutions for e-discovery can help preserve arbitration's benefits.

Assessing Alternative Search Methodologies

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Tuesday, April 22, 2008

By H. Christopher Boehning and Daniel J. Toal

H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that keyword and Boolean searches are blunt instruments, requiring a careful balance between an unduly restrictive search that may miss too many responsive documents or an overbroad one that threatens stratospheric discovery costs. Understandably, courts and litigants have been intrigued by alternative search technologies, such as "concept searching."