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August 12, 2022 | New York Law Journal

Recent Decisions Discuss Three Key Procedural Issues

This column explores three cases dealing with important procedural issues: personal jurisdiction for corporations, the local controversy exception to the Class Action Fairness Act, and required expert disclosures.
9 minute read
June 27, 2022 | New York Law Journal

'People v. Rodriguez': Court of Appeals Applies 'Standard Evidentiary Rubrics' for Admission of Digital Evidence

The Court of Appeals clearly articulated that the law in New York for admission of digital evidence requires application of the standard evidentiary rubrics, and is reviewed on appeal per the burdensome "abuse of discretion standard as a matter of law."
11 minute read
June 16, 2022 | New Jersey Law Journal

Peer Review of Scientific Studies: A Critical Review

Examining the methodology of 'peer review' and the need for courts to examine whether an expert's opinion is based upon vetted scientific research.
10 minute read
April 25, 2022 | New York Law Journal

Courts Grapple With Admissibility of Digital Communications Evidence

This article highlights several recent interesting decisions, and the bar they appear to set for trial practitioners to admit digital communications evidence at trial.
11 minute read
February 18, 2022 | New York Law Journal

Second Department Declines Extending 'Carpenter' to Live Cell Tracking: 'Costan'

The Second Department in 'Costan' determined not to extend 'Carpenter' to real time cell tracking of a defendant's cellular telephone. The prosecution had foreseen a potential issue, and prudently articulated the higher level warrant standard of "probable cause" for the real time CSLI order, which the court favorably referred to in its decision.
10 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

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February 08, 2022 | Law.com

4th Circuit: Exigent Circumstances Can Justify Obtaining Cellphone Data Without a Warrant

In a case of first impression, the U.S. Court of Appeals for the Fourth Circuit followed Second Circuit guidance in concluding that exigent circumstances can justify law enforcement's access to a defendant's cellphone "pings," or GPS location, and call logs—even after failing to obtain a warrant.
6 minute read
January 28, 2022 | New York Law Journal

Important Reminders From the WDNY on Preservation of Evidence, Clear and Conspicuous Consumer Contract Language, and the Fair Debt Collection Practices Act (FDCPA)

'Richard' provides a good refresher on the importance of preserving documentary evidence and the different standards surrounding preservation of documentary evidence, as compared to ESI. 'Schafer' includes an interesting discussion of what constitutes sufficiently clear and conspicuous language in a consumer contract. 'Braun' provides guidance on a law firm's obligations under the Fair Debt Collection Practices Act.
10 minute read
January 11, 2022 | Daily Business Review

Shutts & Bowen Lawyer Uses Third-Party Subpoenas to Secure $13 Million Result

"I believe they had no intention in stopping until they were forced to by the lawsuit," attorney Joseph Bain said.
4 minute read
January 06, 2022 | New York Law Journal

Court of Appeals Settles 'Cured Acknowledgments'; Contemporaneous vs. Simultaneous: Part II

This second part of a two-part article addresses 'Koegel' throughout all judicial levels; unacknowledged agreements remain enforceable in nonmatrimonial actions; methodology of acknowledgment vs. evidence of proper acknowledgment; and evidence of acknowledgment by a subscribing witness.
16 minute read
December 23, 2021 | New York Law Journal

Responding to the SCA Notice of Account Disclosure

A "Notice of Requested Information From Your Account" advises the account holder that certain of their account records have been disclosed to a prosecutor's office. In this edition of his Cyber Crime column, Peter A. Crusco addresses this notice, its meaning, and potential responses to it.
12 minute read

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