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November 01, 2023 | New York Law Journal

The Value of Testimony From Trump's Lawyers: Another View

a lawyer who is presented by his client with a plan to commit a "future" crime can be compelled before a grand jury to give testimony against that client. The courts have long recognized the "crime fraud exception" to the privilege in such instances.
6 minute read
September 15, 2023 | New York Law Journal

Trump Cases Put the Crime-Fraud Exception in the Spotlight

Since the Georgia elections case and the Trump classified documents case, the crime-fraud exception to the attorney-client privilege has become an issue. This article poses the question whether there is actually an erosion of the attorney-client privilege because of these recent cases.
10 minute read
September 13, 2023 | The Legal Intelligencer

Citing 'McDonnell,' Convicted Ex-Councilman Asks 3rd Circ. to Adopt Heighted Evidentiary Standard for Elected Officials

"To avoid constitutional vagueness concerns in the circumstances of this honest services fraud case, the government should be required to prove beyond a reasonable doubt that an elected official explicitly agreed to take a particular official act because he was paid for outside employment," former City Councilmember Bobby Henon argues in the appellate brief.
5 minute read
August 11, 2023 | Texas Lawyer

Navigating the Complexities of a Brain Injury Claim

In one of my cases years ago, I was able to admit into evidence cutting-edge neuroimaging tests called MEG to support a claim of mild TBI. I later learned that this may have been the first time this type of evidence had been used in a TBI case.
6 minute read
August 02, 2023 | New York Law Journal

Impeachment by Prior Inconsistent Statement: A Refresher

The rules governing impeachment by prior inconsistent statements as set forth in Guide Rule 6.15 are well-settled. Yet errors in their application, or a misunderstanding thereof, do occur, as shown by recent Appellate Division decisions. Perhaps a refresher on these rules is worthwhile.
12 minute read
July 13, 2023 | The Legal Intelligencer

Are 'Arrests' a Fair Sentencing Consideration?

According to a recent Pennsylvania Superior Court ruling now accepted for review by the court, a decision somewhat under the radar because of it being pronounced in an unpublished decision, the answer is "yes." What the Supreme Court should say is a resounding "no."
4 minute read
June 29, 2023 | Daily Report Online

Ga. Court of Appeals Weighs Preponderance Standard Interpretation Under New Rules of Evidence

"We're not saying we're entitled to win, we're just saying we're entitled to a new trial under the correct statute," plaintiff-appellant attorney Michael Arndt said.
5 minute read
June 27, 2023 | National Law Journal

Speedy Trial Vital in Trump Docs Case: Here's How to Make It Possible

Focusing on Trump's willful refusal to return the documents can shorten the trial and serve to undercut his claim of selective prosecution—because no one else kept classified documents once the government asked for them back.
5 minute read
June 13, 2023 | New York Law Journal

Abuse of Court Process: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Fuks v. Rakia Assoc." where the court held the plaintiff engaged in active misconduct and confirmed an award for breach of fiduciary duties. The court opined that the case "rivals the long running dispute in Charles Dickens' novel, Bleak House, and will end no better."
15 minute read
May 31, 2023 | New York Law Journal

NY's Rule of Completeness: An Effective Tool in Presenting Your Case

This column will discuss New York's rule of completeness as presently applied. The discussion is timely in view of a proposed amendment to Federal Rule of Evidence (FRE) 106, which codifies the federal version of the common law rule of completeness.
12 minute read

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