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March 27, 2018 | Connecticut Law Tribune

'Dangerous Work': Milford Man's Estate Seeks Millions After Fatal Ladder Fall

The estate of Francisco Martija sued property owner TIAA Board of Overseers, seeking millions of dollars in damages.
3 minute read
February 08, 2018 | The Legal Intelligencer

In Camera Review of Privileged Documents: Is It Both Mandatory and Immediately Appealable?

Two recent decisions from the Pennsylvania Superior Court appear inconsistent and irreconcilable with respect to a trial court's in camera review of documents subject to a claim of privilege. In one case, the Superior Court rebuked the trial court for not conducting an in camera review and suggested that in camera review by trial courts of allegedly privilege documents is required in Yocabet v. UPMC Presbyterian, 119 A.3d 1012 (Pa. Super. 2015).
5 minute read
November 27, 2017 | New York Law Journal

Circumstantial Evidence: An Important Source of Proof

In this Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner discuss some of the case law governing the use of circumstantial evidence.
23 minute read
July 12, 2017 | National Law Journal

Mayer Brown Partners to Congress: Don't Play 'Kiddie Soccer' on Russia Investigation

In a rare glimpse of what it might be like to be their clients, Mayer Brown partners Richard Ben-Veniste and Andrew Frey offered some words of wisdom for lawmakers Tuesday on their investigation into Russian interference in the 2016 election.
10 minute read
May 31, 2017 |

Using Employer's Server for Personal Communications: Privilege Protected?

Michael J. Hutter, in his Evidence column, analyzes a recent First Department decision that held an employee has no expectation of confidentiality, and therefore no privilege protection (attorney-client or spousal), when using an employer's monitored email system, provided the employee was adequately warned of such monitoring. However, attorney work product protection may still be available for such emails.
22 minute read
May 31, 2017 |

Trump Wouldn't Be the First President Asked to Testify in Congress

If the congressional committees investigating alleged Russian meddling of the 2016 presidential campaign eventually want to hear from President Donald Trump himself, don't count on a subpoena working its magic.
16 minute read
May 24, 2017 |

Fourth Amendment Exception Allows Customs to Search Personal Devices

CBP agents can search cellphones, laptops and other electronic devices of those entering or leaving the country, regardless of citizenship.
14 minute read
May 19, 2017 |

Will 'Dead Man's Statute' Help Fox Mount Defense Without Ailes?

The 19th century evidentiary rule could make it harder for Fox News employees to prove they were sexually harassed by the iconic conservative newsman Roger Ailes.
14 minute read
May 19, 2017 |

Former US House Lawyers Tee Up Likely Legal Issues on Mueller's Long Road

Kerry Kircher and William Pittard, longtime former U.S. House lawyers , have seen their share of investigations. The two attorneys concede they have never seen anything quite like the Trump-Russia-Comey affair unfolding in the nation's capital. We reached out to Kircher and Pittard this week to get their thoughts on possible legal fights that could unfold in a process that history shows will take months, if not years, to resolve.
16 minute read
May 19, 2017 |

Computer Searches: A 'General' Warrant Can No Longer Satisfy Requirements

Roger L. Stavis writes: With so much of our modern lives contained within our computers, what is the distinction between a "general warrant" authorizing a "rummaging" search through someone's residence and a warrant authorizing a "rummaging" search of the entire contents of someone's computer? As is becoming clearer to courts in New York and around the country, there is absolutely no difference between the two.
10 minute read

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