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October 13, 2021 | New York Law Journal

Recent Woes for Prosecutors in Cellphone Searches

Three recent district court decisions exemplify how courts have struggled with the Fourth Amendment questions raised by the intrusive nature of cellphone searches.
9 minute read
October 08, 2021 | Law.com

Why Are Courts Making Cybersecurity Forensics Reports Not Privileged?

Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
8 minute read
September 22, 2021 | National Law Journal

'Virtually Impossible to Prove': Michael Sussmann Indictment Contains Major Flaws, Ex-Prosecutors Say

Special Counsel John Durham's team will have to prove both that Sussmann lied during a meeting with the FBI's top lawyer and that the lie could have affected the FBI's approach to the Russia investigation.
10 minute read
September 15, 2021 | New York Law Journal

Establishing a 'Cheek' Defense Through Expert Testimony

In 'Cheek v. United States,' the Supreme Court established the government's burden of proof to show that a defendant acted "willfully" in order to obtain a conviction on criminal tax charges. In this column Tax Litigation Issues, Jeremy H. Temkin analyzes recent circuit court decisions rejecting claims that defendants were improperly deprived of their ability to present a 'Cheek' defense through expert testimony.
9 minute read
August 03, 2021 | New York Law Journal

The DOJ's Expanded Subpoena Powers Are Not Without Limits

Section 6308 of the Anti-Money Laundering Act of 2020 expands the authority of the Departments of Treasury and Justice to seek and obtain banking records located abroad, while limiting the ability of foreign financial institutions to oppose production of those documents. In this article, the authors discuss why they believe §6308 was not intended to upend traditional processes designed to respect the sovereignty of foreign nations.
8 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

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July 15, 2021 | Law.com

Law.com Litigation Trendspotter: Surveillance Video Spoliation Rulings Hold Hard Lessons for Defendants and Plaintiffs Alike

Spoliation rulings in state and federal courts across the country over the past year demonstrate the harsh consequences for defendants who fail to preserve video evidence in slip-and-fall cases—and for plaintiffs who fail to properly raise the issue of spoliation prior to trial.
9 minute read
June 30, 2021 | New York Law Journal

Putting Rap Music on Trial

As rap music is increasingly introduced in criminal proceedings across the country, New York has a unique opportunity to develop a flagship standard: a rigorous test that protects the integrity of our court system against racial bias.
8 minute read
June 18, 2021 | New York Law Journal

Giuliani Expected to Reassert Broad Privilege Claims as Special Master Says Review Will Be Knotty

Barbara Jones, the former Manhattan judge appointed to the role, announced this week that defense counsel would get the first shot to claim privilege for materials seized in an April 28 raid of Giuliani's home and office.
5 minute read
June 17, 2021 | Texas Lawyer

Appeals Court Pauses Jury Trial As Michaels Stores Fights Spoliation Sanction

Michaels Stores argued that it never destroyed or disposed of the shopping cart, but it was likely the cart was mixed in with 25 to 30 others in use at the store at the time.
4 minute read
June 04, 2021 | New York Law Journal

Giuliani, Feds Agree on Bracewell Partner Barbara Jones to Conduct Document Review

Jones, who performed the same function in vetting materials seized from Michael Cohen, is expected to weed out documents that may contain privileged attorney-client communication.
4 minute read

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