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October 08, 2021 | Law.com

Why Are Courts Making Cybersecurity Forensics Reports Not Privileged?

Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
8 minute read
October 07, 2020 | Law.com

Helpful But Prejudicial Trial Evidence May Come at a Cost

Be careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit's recent decision in 'Macsherry v. Sparrows Point.'
6 minute read
September 30, 2020 | New York Law Journal

Admissibility of Medical Reports of Consulting Physicians Kept in Treating Physician's File

In his latest Evidence column, Michael J. Hutter discusses the 'Freeman' decisions.
13 minute read
September 11, 2020 | Daily Business Review

'Scar Until You Die': South Florida Lawyers Shield Father From Liability Over Boys' Disappearance

It was an emotionally charged lawsuit, involving Tequesta parents who turned on one another after their children were lost at sea.
5 minute read
August 05, 2020 | Law.com

Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in Litigation

The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation.
6 minute read
April 28, 2020 | New York Law Journal

Can Defendants Use Plaintiffs' Evidence To Show Fault of Third Parties? The Apportionment of Liability Under Article 16

With respect to the defendant's burden of proof—and what evidence it may use to meet that burden—the question arises: Must the defendant make its own, affirmative showing of non-parties' potential liability? Or can it rely instead on evidence introduced by the plaintiff?
8 minute read
February 28, 2020 | New York Law Journal

Reading Back Expert Testimony: Is It Time To Go to the Videotape?

The jury should have the option of seeing the actual testimony as they had it during the trial.
7 minute read
November 26, 2019 | National Law Journal

'Presidents Are Not Kings': Judge Jackson's Most Memorable Lines in Her Donald McGahn Opinion

The 120-page opinion drew on a variety of sources, including a significant number of citations from The Federalist Papers, and dropped in a reference to George Orwell's "Animal Farm."
6 minute read
April 19, 2018 | Connecticut Law Tribune

Delivery Man Settles Fall on Ice Claim for $890,000

German Perez sustained neck injuries from a fall on a sheet of ice at a strip mall. This month he settled the case for $890,000.
3 minute read
April 12, 2018 | New Jersey Law Journal

Discovering the Digital Wallet

Conventional currency, credit cards and bank accounts no longer provide a complete financial picture.
8 minute read

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