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January 27, 2021 | National Law Journal

'All In': Prosecutors in Capitol Riot Cases Bring Years of Experience, Varied Backgrounds

For the U.S. attorney's office in Washington, it has required an all-hands effort, pulling in prosecutors with varied expertise and backgrounds bringing cases over everything from bank robbery and sanctions violations to espionage and murder.
8 minute read
January 27, 2021 | Daily Report Online

Georgia Can Do Better Than Offer Uniquely Unequal Expert Evidence Standards

"A civil defendant's money is protected against unreliable science, but a criminal defendant's life is not."
6 minute read
January 05, 2021 | The Legal Intelligencer

Showing Injured Plaintiff's Family Via Zoom Would 'Create More Problems Than It Would Solve,' Pa. Trial Judge Rules

Allowing an injured plaintiff to videoconference his family into the courtroom on monitors displayed to the jury is a step too far, according to one Pennsylvania judge.
4 minute read
December 01, 2020 | New York Law Journal

Due Process Protections Act Sends a Message to the Government

While the DPPA does not alter the government's substantive 'Brady' obligations, it sends a meaningful message to federal prosecutors, lays the foundation for potential contempt-of-court and sanctions recourse for 'Brady' violations, and could therefore prove a useful tool for federal criminal practitioners.
9 minute read
October 26, 2020 | New York Law Journal

Corporate Challenge: Complying With a Grand Jury Subpoena Duces Tecum for ESI  

In his column on cyber crime, Peter A. Crusco addresses some frequent legal issues involved in a corporation's response to a grand jury subpoena duces tecum for its electronically stored information.
10 minute read
September 14, 2020 | New York Law Journal

NY Law Remains Unclear on Non-Party 5th Amendment Invocations and Negative Inferences

In this article on Constitutional Law, Steven Henesy discusses whether a non-party's invocation of the Fifth Amendment can result in a negative inference against a party in a civil case in New York.
10 minute read
September 02, 2020 | New York Law Journal

The Marital Communications Privilege in White Collar Cases

In his Corporate Crime column, Evan Barr re-acquaints defense practitioners with the basic parameters of the marital communications privilege.
10 minute read
August 27, 2020 | New York Law Journal

Court Dusts Off Test for Determining if a Record Is "Corporate" or "Personal"

It's the first time the Court has applied the test since articulating it in 1981.
5 minute read
August 19, 2020 | National Law Journal

Ex-FBI Lawyer Pleads Guilty to Falsifying Document in Russia Probe

Sentencing is set for Dec. 10 in U.S. District Court for the District of Columbia. The former FBI lawyer, Kevin Clinesmith, is represented by MoloLamken's Justin Shur.
3 minute read
August 11, 2020 | New Jersey Law Journal

Why Cellphone Passwords, Per Divided NJ High Court, Are Not 'Contents of One's Mind'

"In a world where the right to privacy is constantly shrinking, the Constitution provides shelter to our innermost thoughts—the contents of our minds—from the prying eyes of the government." Justice Jaynee LaVecchia said in dissent.
13 minute read

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