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April 11, 2024 | New Jersey Law Journal

Must the Government Ensure Defendants Equal Access to Overseas Evidence?

"Courts have typically declined to force the government to use the MLAT process for defendants' benefit," write Joshua M. Robbins and Ross Garrett of Buchalter.
9 minute read
April 09, 2024 | The Recorder

Exploring the Contours of Expert Testimony Regarding Child Sexual Abuse Accommodation Syndrome

"The presentation of expert mental health information to the court is essential, but such evidence ... is likely to draw objections," according to Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel.
9 minute read
April 03, 2024 | New York Law Journal

Attorney-Client Privilege and Dual-Purpose Communications

Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.
13 minute read
March 27, 2024 | Litigation Daily

Even When Witnesses Don't Tell You They're Panicking, They're Panicking

Allison Rocker of Baker McKenzie says that's especially true in "document-heavy" cases with tons of exhibits.
4 minute read
March 26, 2024 | New Jersey Law Journal

Proposed Amendments to Federal Rules of Evidence Leave Much Uncertain

"This is to demonstrate that the appropriate use of illustrative aids, demonstrative evidence, and summaries of voluminous materials remains unclear," write Michael A. Kaplan and Christopher Dernbach of Lowenstein Sandler.
7 minute read
March 25, 2024 | The Legal Intelligencer

Has the Criminal Court [Defense] Expert Door Opened a Little?

An expert with knowledge that jurors don't have should be permitted to testify when that knowledge will inform the decisionmaker and meets the basic relevance threshold.
5 minute read
March 21, 2024 | Daily Report Online

Court of Appeals Divided in Spoliation Sanction Remand Case

Before they filed suit, the plaintiffs asked Golden Pantry to preserve years of security footage for evidence. However, after consulting with its lawyers and insurance carrier, the company still chose to delete the video.
3 minute read
March 21, 2024 | New Jersey Law Journal

Let's Go to the Video Tape: Crime Surveillance Videos and Jury Deliberations

"With our increased video technology, this decision represents a needed and welcomed addition to our evidentiary procedures," writes former Superior Court Judge Louis Locascio.
7 minute read
March 12, 2024 | The Legal Intelligencer

Pa. Judge's 'Extensive' Opinion Gives Guidance on Allowing Video Testimony in Opening Statements

"Today in the modern era of videotape and technology and the way discovery is conducted and trials are conducted, it makes sense," Joseph Messa Jr. said.
3 minute read
March 12, 2024 | Law.com

What Is Exhibit J? Litigators Are Watching This AI Test Case

Exhibit J is the crux of the New York Times' copyright-infringement lawsuit that accuses Microsoft and OpenAI of using copyright-protected content to train their AI model GPT-4.
2 minute read

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