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Case digests, coverage of key rulings, and analysis of trends
By Paul Shechtman | January 26, 2024
In November of 2023, the Supreme Court granted certiorari in United States v. Diaz, which raises a question about the admissibility of expert law enforcement testimony offered to support the prosecution's theory that the defendant knew she was transporting drugs. In his article, Yale Law Professor Paul Schechtman discusses the case and its potential implications.
12 minute read
By Joshua S. Bauchner | January 24, 2024
In November 2023, New Jersey's Supreme Court declared the testimony of drug recognition experts (DRE) reliable enough to be used as evidence in 'State v. Olenowski,' 253 N.J. 133, (2023). Unfortunately, in doing do, the court lowered the standard for reliability to allow DRE evidence.
4 minute read
By Harvey Weissbard | January 19, 2024
Retired Superior Court Appellate Division Judge Harvey Weissbard traces the history of the 'Frye' doctrine from "from its inception to its demise" and the many "baby steps" it took to arrive there.
17 minute read
By Jules Epstein | January 19, 2024
The question lawyers need to ponder—and adversaries need to pounce upon—is whether that same admonition applies to what lawyers say in their openings and closings, with the added concern that the warning will be anything you say SHALL be used against you, and you can't dispute it.
4 minute read
By Lisa Willis | January 18, 2024
"This is not a small company. This is not an insignificant company. It is one of the major players ... in the e-commerce industry," plaintiffs counsel Nima Tahmassebi said.
4 minute read
By Quentin Brogdon | January 2, 2024
The first hurdle to be cleared is relevance. The second hurdle is the authentication hurdle, but the authentication hurdle is not as high as many lawyers seem to believe.
9 minute read
By Allison Dunn | December 8, 2023
"It is immaterial that Muldrow identified as straight. A juror could reasonably hear the evidence at trial and assume that Muldrow was homosexual or identified with a sexual orientation other than heterosexual. It is the jury's perception of the defendant as homosexual that is the relevant consideration," Judge Joseph M. Getty wrote.
7 minute read
By Riley Brennan | December 7, 2023
This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
5 minute read
By Michael J. Hutter | December 6, 2023
The Supreme Court and the Court of Appeals through the years have debated the appropriate ambit of the 'Bruton' and 'Crawford' confrontation rules of exclusion. This ongoing debate has been dramatically evidenced by three recent decisions. As these decisions greatly impact the prosecution and defense of criminal defendants in the New York state courts, this column will address them.
13 minute read
By Cassandre Coyer | December 1, 2023
The definition of a custodian in e-discovery has evolved significantly over the years, along with its importance, as data volumes and types have exploded. E-discovery experts expect that generative AI will add one more twist to this trend.
3 minute read
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/