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November 13, 2015 |

Morning Wrap: EPA Administrator Must Sit For Depo | Death Challenge Fails

Gina McCarthy, the administrator of the U.S. Environmental Protection Agency, must sit for a deposition in an energy company's federal suit in West Virginia. The Ninth Circuit rules against a challenge to California's death penalty system. And prosecutors seek a 12.5-year prison sentence for Jared Fogle, the former Subway pitchman. This is a news roundup from ALM and other publications.
3 minute read
November 10, 2015 |

Morning Wrap: Fifth Circuit Rules Against Obama Immigration Program

The Fifth Circuit deals a significant blow to the Obama administration's immigration action. A Chicago law partner who took photos at a trial, and tweeted the images, is in trouble with the judge. A Washington judge rules for a second time against the NSA's bulk collection of American's phone records. This is a daily news roundup from ALM and other publications.
4 minute read
November 03, 2015 |

State Judge's Claims From Encounter With Police Are Narrowed

A federal court has dismissed several claims in a lawsuit brought by a state judge who said he was the victim of a New York City police officer's unprovoked karate chop to the neck and then a cover-up to protect the officer from liability.
5 minute read
October 06, 2015 |

Clinton, Brady and the High Threshold for Spoliation

As every litigator knows, the explosion of communications has come with an explosive increase in the volume of available evidence. Everyday communications are now recorded in emails, texts, posts and tweets, rather than being lost into the phone wires of the 20th century. In discovery, lawyers wrestle to demand, retrieve, examine and use these communications in the ever-broadening scope of cases of all sizes. And, when the communications are withheld, lost or destroyed, lawyers cry foul, raise claims of spoliation, and seek sanctions, evidentiary presumptions or other remedies. This is modern day-to-day commercial litigation. But what does it really take to substantiate accusations of wrongdoing?
7 minute read
October 05, 2015 |

Police Use of GPS Devices Raises Fourth Amendment Issues

For months, police trying to solve a Long Island robbery spree had little more to go on than grainy surveillance footage of a man in a ski mask holding up one convenience store after another. That was until the gunman made off with a stack of bills that investigators had secretly embedded with a GPS tracking device.
5 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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August 03, 2015 |

Deposition Battle Heats Up Over GM's Valukas Report

General Motors Co. and plaintiffs lawyers are fighting over the scope of the upcoming deposition of the lawyer whose report on the company's ignition-switch defect blamed a handful of employees for the fiasco.
3 minute read
August 03, 2015 |

Statistics Fall Short of Showing Intent, Circuit Says

The Second Circuit ruled Friday that there could be circumstances where a putative class could rely on statistics alone to show discriminatory intent. But the statistics that sanitation employees cited did not convince the panel that there was discriminatory intent in the department's promotional practices.
5 minute read
July 27, 2015 |

Court Refuses to Dismiss Criminal Case Against Silver

A federal judge has refused to dismiss charges against former New York state Assembly Speaker Sheldon Silver, noting defendants face "a high hurdle" when trying to challenge an indictment's sufficiency in a dismissal motion.
4 minute read
May 21, 2015 |

The Government's Use of Tax Returns at Trial

In his Tax Litigation Issues column, Jeremy H. Temkin, a principal in Morvillo Abramowitz Grand Iason & Anello, addresses the government's ability to access the defendant's returns for use in non-tax cases, as well as the evidentiary issues surrounding the admissibility of both "other year returns" in tax cases and any returns in non-tax cases.
11 minute read
May 12, 2015 |

Morning Wrap: Sen. Menendez Wants D.C. Trial | Survey: Two-Year Law School Favored

Perkins Coie partner and Hillary Clinton's campaign lawyer Marc Elias is involved in a suit against Ohio's voting laws. New Jersey Democratic Sen. Bob Menendez wants to move the corruption case against him to Washington federal district court. And a new legal ed survey says: ditch the third year of law school. This is a roundup of news from ALM and other publications.
5 minute read

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