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April 17, 2015 |

Business Groups Say NJ Too Soft on Expert Witnesses

Business interests and lawyers who represent them are urging that New Jersey discard its 22-year-old rule governing the admission of expert testimony and replace it with the more stringent federal standard.
5 minute read
January 15, 2015 |

In-house Attorney-Client Privilege and 'Lawyerly Things'

Advice provided by in-house lawyers too often is at risk of being stripped of the protection of the attorney-client privilege.
5 minute read
January 13, 2015 |

In-house Attorney-Client Privilege and 'Lawyerly Things'

Advice provided by in-house lawyers too often is at risk of being stripped of the protection of the attorney-client privilege.
4 minute read
November 07, 2014 |

State Won't Need to Review Feds' Files on Charged Driller

Although the ExxonMobil subsidiary the state attorney general last year charged criminally for violations related to fracking can subpoena federal investigators for Brady material, a Lycoming County judge has ruled that state prosecutors will not need to review the federal government's investigative files on the company.
4 minute read
October 14, 2014 |

Can an Email Account Be Searched Without Probable Cause?

In their Privacy Matters column, Richard Raysman and Peter Brown describe two leading cases that reject the government's petitions for unfettered access to a target's email accounts; a case that reaches a contrary conclusion, even after concluding that the government's request lacked probable cause; and a series of opinions analyzing the same warrant request that came to diametrically opposite conclusions.
10 minute read
July 30, 2014 |

Avoiding Discovery Disputes Over Attorney-Client Privilege

Companies often wind up in disputes concerning the discovery of reports, memoranda, emails and other documents written by their in-house lawyers in connection with prospective business transactions. Such disputes can raise difficult questions about the scope of the attorney-client communication privilege. No matter what the expectations of in-house lawyers and company executives, it can be hard to predict whether a court will shield such documents from discovery or compel them to be produced to other parties. And the disclosure of potentially privileged documents containing sensitive information and advice can have serious ramifications—not only for a specific case but for a company's long-term interests and objectives.
7 minute read
June 24, 2014 |

Melnick v. Exxon Mobil Corp., PICS Case No. 14-0954 (Pa. Super. June 9, 2014) Stabile, J. (6 pages).

Benzene Exposure • Storage Tank and Spill Prevention Act • Medical Monitoring
2 minute read
June 06, 2014 |

Toxic Mold Case: Experts, Gatekeeping, Admissibility

In his Evidence column, Michael J. Hutter analyzes the Court of Appeals' holding in 'Cornell v. 360 West 51st Street Realty' and its elucidation of the "general acceptance" standard for expert testimony.
10 minute read
April 14, 2014 |

Ruling on Mold Clarifies 'Reliability' Needed From Experts

In his Complex Litigation column, Michael Hoenig, a member of Herzfeld & Rubin, writes: Just two weeks ago, the New York Court of Appeals issued its key decision in 'Cornell v. 360 W. 51st St. Realty,' yet again offering detailed guidance to bench and bar on a variety of expert reliability issues. Although the court's approach generally tracks 'Parker v. Mobil Oil,' there are additional lessons of note.
11 minute read
February 06, 2014 |

'Oddone' and Experience-Based Expert Opinion

In his Evidence column, Michael J. Hutter, a professor at Albany Law School, writes that a threshold question in applying 'Frye' is whether the principle or procedure that would be the subject of an expert's testimony is "scientific" and if so, whether it is "novel." In 'People v. Oddone,' the Court of Appeals addressed the first part of this question in the context of an expert opinion based on the expert's personal experience.
13 minute read

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