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November 13, 2018 | Legaltech News

New York DAs Embrace Electronic Signatures in Domestic Violence Cases, Troubling Defense Bar

Electronic signatures to domestic violence allegations may offer convenience and sensitivity to accusers in distressing situations, but critics say the ad hoc nature of the DAs' application of the process means a lack of transparency and accountability.
8 minute read
November 12, 2018 | New York Law Journal

DAs Embrace Ease of Electronic Signatures, Troubling Defense Bar

Electronic signatures to domestic violence allegations may offer convenience and sensitivity to accusers in distressing situations, but critics say the ad hoc nature of the DAs' application of the process means a lack of transparency and accountability.
8 minute read
November 05, 2018 | New York Law Journal

Creative Uses of Social Media in Litigation

In his State E-Discovery column, Mark A. Berman discusses recent decisions which make clear that counsel needs to be creative and “think outside of the box” as to how to effectively utilize social media.
6 minute read
October 31, 2018 | New York Law Journal

Confronting the Company: Corporate Guilty Pleas as Evidence in Criminal Trials

Corporate Crime columnist William F. Johnson writes: Can the guilty plea allocution of a corporation be admitted against an individual defendant in a criminal trial to prove the existence of a conspiracy? A recent evidentiary ruling in the Southern District of New York suggests it can, provided that “signatories” to the corporate plea agreement are available for cross-examination.
9 minute read
October 25, 2018 | The Legal Intelligencer

Justices Limit Scope of Consent to Vehicle Searches During Traffic Stops

The justices ruled 4-3 to reverse a unanimous Superior Court decision upholding a Centre County trial judge's denial of defendant Randy Valdivia's motion to suppress all evidence seized from his vehicle during the traffic stop.
4 minute read
October 25, 2018 | New York Law Journal

Two Decisions Provide Helpful Discovery Guidance

In her Western District Roundup, Sharon M. Porcellio writes: Throughout these opinions, practitioners can glean several “takeaways” for guidance in the discovery process in general and before filing motions concerning allegedly deficient responses. While recognizing every case is fact specific, the facts in these cases illustrate some takeaways that are helpful to both well-seasoned and newly-minted attorneys alike.
9 minute read
October 16, 2018 | Daily Report Online

'Dream' Auto Accident Case Wrecked by Trial Evidence Plaintiff Switched Cars

The defense said the case, which involved substantial medical damages and a plaintiff who miscarried after the collision, would have been a great plaintiff's case—if she had actually been in the car she claimed was wrecked.
5 minute read
September 05, 2018 | New York Law Journal

Computerized Test Interpretations in Custody Litigation

In his column on Matrimonial Practice, Timothy M. Tippins explores some of the evidentiary issues presented when computer-based test interpretations are used by expert witnesses.
10 minute read
September 04, 2018 | New York Law Journal

Review of Personal Injury Awards: Questioning Reasonable Compensation

The jurisdiction of the Court of Appeals to review questions of fact is severely curtailed by the New York State Constitution (art. 6, § 3[a]), and the court's primary role is its law-making function, to unify, clarify and pronounce the law for the state of New York.
8 minute read
July 26, 2018 | New York Law Journal

2 Different Choice-of-Law Issues in Case Involving Third-Party Consultant

U.S. Senior District Judge Michael A. Telesca then had more than 10 briefs and supplemental letter briefs and multiple statements and counter-statements of fact and other submissions from the two parties to decide the pending summary judgment motions.
1 minute read

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