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Five Lessons for Young Attorneys From Mentors Who Cared
My first job was as a field attorney for the National Labor Relations Board (NLRB) in Houston. I had hoped to clerk for a judge, but in this hope I was disappointed.
A Long Leash for Lawyers in Federal Proposition 8 Trial
It was to be a theatrical scene in a trial filled with them: San Francisco City Attorney Dennis Herrera, a key same-sex marriage backer looking to run for mayor, gently leading San Diego Mayor Jerry Sanders through emotional testimony about his conversion from gay-marriage opponent to supporter after his daughter came out to him as a lesbian.
Non-Dischargeability Meets the Law of Assignments
If a debt is incurred by virtue of a false financial statement on which the creditor relied, and that debt is then assigned to a third party, can the assignee of that debt claim successfully that the right to have the debt declared non-dischargeable was included in "all of the rights" conferred by the assignment?
New CPLR §3119 Promises to Ease Path for Out-of-State Depositions
Paul H. Aloe, a partner at Kudman Trachten Aloe, reviews a newly enacted provision of the CPLR under which an out-of-state subpoena can be submitted to either the clerk of the court where the discovery is to take place or an attorney licensed to practice law in this state, and either of them can issue a New York subpoena. While at first blush this seems simple enough, he writes, there are open issues to resolve.
Recent Rulings Focus on Spoliation of ESI
Mark A. Berman, a partner at commercial litigation firm Ganfer & Shore, reviews recent decisions, including one that set forth the standard needed to demonstrate that ESI spoliation has occurred, another where the court found no evidence that the defendants intentionally destroyed a surveillance video after an accident, and a third where a defendant's inability to produce copies of letters or the computer they were prepared on led to all evidence of the letters being precluded.
Motion to Unseal Granted, Retaliation Claims Allowed to Go Forward
In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan, partners at Schlam Stone & Dolan, write that Judge I. Leo Glasser granted a motion to unseal the docket sheet in an old criminal case, Judge Jack Weinstein held that "No Limit Texas Hold'em" poker is not "gambling" for purposes of the Illegal Gambling Business Act, and discuss other cases.PCRA Court Can't Presume Ineffective Assistance, Justices Say
The state Supreme Court has ordered a Post Conviction Relief Act court to hold a hearing to determine whether a defendant's trial counsel had a reasonable excuse for not filing a post-trial motion for reconsideration of her client's sentence.Trending Stories
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