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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
February 14, 2024 | New York Law Journal

'Appellate Advocates': Application of Attorney-Client Privilege to Government Communications and More

A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
11 minute read
November 15, 2023 | New Jersey Law Journal

Expert Protocol to Test for Stoned Driving Gets Supreme Court Approval on 5-2 Vote

"We are unpersuaded by the public defender's argument that the protocol is unreliable because two DREs applying it to the same driver can reach different opinions. Such potential differences of opinion do not necessarily make a diagnostic standard unsound," Judge Jack Sabatino, temporarily assigned, wrote for the court.
8 minute read
February 17, 2023 | New Jersey Law Journal

Driving-While-Stoned Test Case Pushed Back as Court Adopts 'Daubert' Standard

But the need for special master Joseph Lisa to re-do his report under the revised standard means the Supreme Court is unlikely to come up with a ruling in "Olenowski" until the fall, said defense attorney Evan Levow.
7 minute read
December 14, 2022 | New York Law Journal

Are Expert Reports Admissible Evidence or Inadmissible Hearsay?

One issue on which there is neither an applicable rule nor settled law is whether expert reports are admissible at trial—not in lieu of, but in addition to, expert testimony. Courts have gone both ways on this issue.
8 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

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October 21, 2022 | National Law Journal

At Steve Bannon Sentencing, Defense Attorney Blasts Trump Lawyer as Untrustworthy 'Thug'

The lawyer, Justin Clark, undermined Bannon's claims of executive privilege in an interview with federal investigators.
3 minute read
October 05, 2022 | New York Law Journal

Revisiting New York's Witness Sequestration Rule

The application of New York's witness sequestration rule is committed to the sound discretion of the trial court. Its hallmark is the flexibility to apply the rule to guard against the risk of perjury. Counsel should be ready to ask the trial court to shape any sequestration rule to achieve this goal.
14 minute read
June 29, 2022 | National Law Journal

Alston & Bird Lawyers Help Star Jan. 6 Witness 'Navigate the Center of the Storm'

Cassidy Hutchinson, a former White House aide who gave a dramatic behind-the-scenes account of the Trump White House on Jan. 6, is counseled by two veteran Alston & Bird litigators, Jody Hunt and William Jordan.
7 minute read
May 26, 2022 | National Law Journal

Perkins Coie Billing Records Emerge as Key Evidence in Ex-Partner's Trial

Prosecutors have sought to use Michael Sussmann's own records in an attempt to connect his meeting with the FBI about Trump-Russia allegations to the Clinton campaign.
4 minute read
May 24, 2022 | The Recorder

A Decade After $39M Settlement, Michael Avenatti and Brian Panish's Business Dealings Take Center Stage in Civil Trial

A 2011 lawsuit over a $5.4 million attorney fee is being tried before a jury in Orange County Superior Court, with Panish expected to be a key witness, while Avenatti has invoked his Fifth Amendment right against self-incrimination.
9 minute read

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