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March 24, 2022 | The Legal Intelligencer

'Were You Lying Then Or' … a 'Devasting' Method of Cross-Examination

We have all seen it or read it in a transcript—the self-satisfied if not smirking delivery of the lines "were you lying then or are you lying now" after a witness has been impeached. And what follows is all too often an explanation that defeats the juxtaposition of the two differing versions of events—they get reconciled or justified.
7 minute read
February 23, 2021 | New York Law Journal

No Officers Indicted by Grand Jury Over Death of Daniel Prude, State AG Letitia James Says

James said Prude was experiencing a mental health crisis and needed compassion and help from professionals -- something she said he did not receive.
2 minute read
January 31, 2019 | Daily Business Review

Tech Trove: Roger Stone Discovery Is 'Voluminous and Complex'

Prosecutors say the FBI seized "multiple hard drives containing several terabytes of information" in raids at his home, apartment and office.
3 minute read
January 31, 2019 | National Law Journal

Roger Stone Discovery Is 'Voluminous and Complex,' Mueller Team Says

"This discovery is both voluminous and complex. It is composed of multiple hard drives containing several terabytes of information," prosecutors told a Washington judge Thursday.
3 minute read
April 12, 2018 | New Jersey Law Journal

Has 'Inherent Authority' Survived Amended Rule 37(e)?

A look at where the Third Circuit stands on spoliation of electronic evidence
8 minute read
March 21, 2018 | New York Law Journal

When to Hire an Independent Investigator or Defense Counsel in Internal Investigations

When a business is faced with claims of sexual misconduct, sexual harassment, or, for that matter, most other civil claims not involving regulatory compliance and self-reporting situations, there are times when an independent investigation is the best path forward. But there also are times when it is absolutely not.
6 minute read
February 16, 2017 |

In the Matter of Application of State of New Jersey for Commc'n Data Warrants to Obtain Contents of Stored Commc'n from Twitter, Inc.

Audio Portion of Stored Data Was Not "Oral Communication" Requiring Wiretap Order and Could Be Acquired by CDW
6 minute read
March 19, 2016 |

Be Smart: Mobile Devices and Forensic Imaging

Even before the adoption of the original e-discovery-related amendments to the Federal Rules of Civil Procedure in December 2006, litigants regularly sought forensic copies—or images—of computer hard drives in the discovery process, particularly when there was a risk of loss of evidence.
13 minute read
March 15, 2016 |

Implicit Bias Testimony Post-'Dukes'

We will likely see more gender stereotyping claims in which plaintiffs seek to establish discriminatory intent through proffers of implicit-bias testimony.
7 minute read
August 19, 2015 |

Supreme Court Stalemate Means No Exception to Search Rule

An evenly divided New Jersey Supreme Court has let stand a lower court's ruling rejecting prosecutors' attempt to carve out a good-faith exception to the exclusionary rule, which says arrests or searches and seizures must be declared invalid if the police acted without obtaining a warrant or did not have probable cause.
6 minute read

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