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Case digests, coverage of key rulings, and analysis of trends
By Emily Saul | September 25, 2023
In a first-of-its-kind ruling for New York State that has already been cited by another judge, Acting Brooklyn Supreme Court Justice Danny Chun found LCN and FST technologies meet the Frye standard and can be admitted at trial.
6 minute read
By Jules Epstein | September 21, 2023
Even when AI and ChatGPT are not used, completeness is the rule. Failure to follow it is easily caught and highlighted by your opponent, and the resulting fallout is just too damaging and too damning.
4 minute read
By Sharon L. McCarthy and Daniel Cady Davidson | September 15, 2023
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
By Brian Lee | September 14, 2023
The Appellate Division, Third Department reversed a decision to grant a subpoena against a reporter covering a murder investigation.
3 minute read
By Riley Brennan | September 13, 2023
"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
By Cassandre Coyer | September 11, 2023
Claims by former President Donald Trump's counsel that discovery in the "United States v. Trump" trial is too "overwhelming" to meet the March 2024 trial date aren't convincing many e-discovery professionals.
6 minute read
By Riley Brennan | September 8, 2023
A Pennsylvania federal judge denied all parties' motions for summary judgment in a slip-and-fall suit, determining that while Burlington was liable for failing to preserve pertinent video evidence, its failure did not necessitate an entry of judgment in favor of the defendants.
5 minute read
By Jimmy Hoover | September 7, 2023
Among the courts that have opined on cellphone searches is U.S. District Judge Jed Rakoff of the Southern District of New York, who held that "phone searches at the border generally require warrants outside exigent circumstances."
5 minute read
By Andrea M. Alonso and Kevin G. Faley | August 21, 2023
This article discusses the courts' increasing reliance on video surveillance for deciding motions, especially for those where the emergency doctrine was raised, and details several cases where video surveillance was used as key evidence.
8 minute read
By Thomas A. Crosley | August 11, 2023
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
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