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March 02, 2016 |

Apple Phone Ruling Turns on the Reach of All Writs Act

The Justice Department will seek review of an Eastern District magistrate judge's refusal to force Apple to assist in the decryption of a locked iPhone involved in a drug case.
5 minute read
March 01, 2016 |

Judge Rules Apple Can't Be Forced to Help Unlock Phone

Magistrate Judge James Orenstein concluded that a centuries-old law provided no basis to compel Apple's assistance in a drug case, putting him at odds with a California magistrate judge who permitted prosecutors to obtain Apple's "reasonable technical assistance" to unlock an iPhone used by a perpetrator of the San Bernardino terror attack.
2 minute read
February 24, 2016 |

Apple Tells Judge About Other Orders to Unlock Devices

Apple Inc. told a Brooklyn federal magistrate judge that the government has obtained about a dozen court orders since October to help unlock devices across the country, including an attempt to have Apple assist in the decryption of an iPhone linked to a mass killing in California.
5 minute read
February 19, 2016 |

Apple Encryption Hinders NY Cases, Vance, Bratton Say

Police and prosecutors in New York City said Thursday that the top-notch encryption technology on Apple mobile phones is now routinely hindering criminal investigations. And they predicted the problem could grow worse as more criminals figure out how good the devices are at keeping secrets.
2 minute read
February 12, 2016 |

Attorneys Await Answers on Key Products Liability Questions

When Tincher v. Omega Flex landed on products liability attorneys' desks 15 months ago, its 137 pages left them looking for more. The state Supreme Court's fervently awaited decision raised a series of questions, the most pressing of which was when the other foot might drop.
6 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

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January 26, 2016 |

Evidentiary Considerations in PTAB Trials

This article will explore various issues, from the perspective of the petitioner and the patent owner, that must be considered when selecting evidence to be submitted in a PTAB trial.
8 minute read
January 07, 2016 |

AP Lawyers: Cosby Appeal of Unsealing Moot

Bill Cosby's appeal of a federal court order unsealing documents from a 2005 lawsuit against him is "pointless" and moot, lawyers for The Associated Press said in a reply brief filed this week in the U.S. Court of Appeals for the Third Circuit.
5 minute read
December 18, 2015 |

Judges Overturn 'Trial Preparation' Exception to ID Rules

The State Court of Appeals has ruled that pretrial photo displays, which prosecutors make to eyewitnesses in the name of trial preparation, are not exempt from hearings on unduly suggestive identification.
6 minute read
December 02, 2015 |

Cosby's Appellate Brief Blasts 'Public Moralist' Argument

In a federal appeal, attorneys for Bill Cosby have argued that a federal judge was wrong to unseal documents from a 2005 lawsuit against the comedian, denouncing the contention that Cosby, as a "public moralist," has a diminished privacy interest.
4 minute read
November 18, 2015 |

US: Language in Subpoena Requiring Witness Silence Was in Error

Language in three grand jury subpoenas in a drug trafficking case ordering recipients not to talk about the documents was mistakenly and unintentionally included, federal prosecutors said in a filing released Tuesday.
4 minute read

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