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December 23, 2015 |

New York Should Catch the Federal ESI Wave Before It's Too Late

Kevin Schlosser of Meyer, Suozzi, English & Klein writes: New York's highest court was given an opportunity to take a careful look at the issues and promulgate instructive and helpful rules for the lower courts grappling with perplexing ESI questions. Unfortunately, the Court of Appeals squandered the opportunity, and simply accepted the standards originated in the federal courts in New York that have been expressly superseded by the new Federal Rules of Civil Procedure and that are likely to cause further confusion and regrettable results.
10 minute read
November 30, 2015 |

Bid to Quash SEC Subpoena of Former House Staffer Rejected

A Manhattan federal judge brushed aside most objections raised by a congressional committee about a subpoena issued to a congressional staffer by a SEC task force investigating insider trading.
5 minute read
November 18, 2015 |

Schaeffler v. USA

Privileges Noted in Quash of IRS Summons Seeking Documents Shared With Banks
1 minute read
November 16, 2015 |

Silent Witness Authentication of Video Evidence

Carmen Giordano writes that given the elements required for introduction of video into evidence based on the "silent witness" method—when no eyewitness is available to testify that the recording accurately shows what the witness observed—steps must be taken at the acquisition stage to assure that foundational challenges can be surmounted.
11 minute read
November 03, 2015 |

In re Blood Reagents Antitrust Litig., PICS Case No. 15-1624 (E.D. Pa. Oct. 19, 2015) DuBois, J. (72 pages).

Admissible expert testimony that virtually all customers paid more than they would have paid in the absence of alleged anticompetitive conduct can help to establish that common issues of fact exist. Motion to certify class action brought by purchasers of blood reagents granted.
4 minute read
Law Journal Press | Digital Book America Invents Act (AIA) Handbook: A Guide to the Patent Law Reform of 2011, The, 2015 Edition Authors: Mary Anthony Merchant View this Book

View more book results for the query "Bank of America"

November 03, 2015 |

In re Blood Reagents Antitrust Litig., PICS Case No. 15-1624 (E.D. Pa. Oct. 19, 2015) DuBois, J. (72 pages).

Admissible expert testimony that virtually all customers paid more than they would have paid in the absence of alleged anticompetitive conduct can help to establish that common issues of fact exist. Motion to certify class action brought by purchasers of blood reagents granted.
4 minute read
October 27, 2015 |

Bytes, Borders and Burdens: Tackling Digital Media Searches

In his Cyber Crime column, Peter A. Crusco discusses the holding in 'Riley v. California' and addresses the issue of what impact, if any, it has on the historical border search exception to the warrant requirement under the Fourth Amendment.
14 minute read
October 27, 2015 |

It's an Ethical Obligation: You Need to "Get" Technology

The Model Rules say that lawyers need to understand technology.
6 minute read
October 05, 2015 |

Copying Justified by Border Search Doctrine, Circuit Says

Affirming the conviction of stock manipulator David Levy, the Second Circuit said that border officers can act on the reasonable suspicion of another federal agency when they go beyond inspection of a traveler's document, photocopying it for possible use in a criminal trial.
5 minute read
October 02, 2015 |

Circuit Argument Probes Retention and Use of Seized Computer

When a majority of judges at the U.S. Court of Appeals for the Second Circuit said in June that the full court would tackle the limits on the retention and use of computer files seized by government agents, they really meant it.
6 minute read

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