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Weight of Evidence and Extreme Emotional Disturbance
In his Criminal Law and Procedure column, Barry Kamins, administrative judge, Criminal Court of the City of New York, reviews a recent appellate decision that found, for only the second time since the Court of Appeals ushered in the "modern era" of weight-of-the-evidence review in 'Bleakley,' that it was against the weight of evidence for a jury to reject the affirmative defense of extreme emotional disturbance.
Perils of the 'Bring Your Own Device' Workplace
Relying on employees to furnish their own smartphones and tablets makes it tricky to control data.
Lawyers Beware of China's Thorny Privacy Laws
U.S. attorneys can get tripped up by unfamiliar regulation, which, if violated, can mean stiff penalties.
The Vital Role of Graphics in the Courtroom
Jurors expect information to be presented in a way that accommodates them. And with today's jury groups being composed of more Generation X and Y-ers - two groups that thrive in an environment where news and information are presented in a fast-paced, brief manner - it is imperative that information in the courtroom follows suit, or it will be lost on the audience.
Law Journal Press | Digital Book
Pennsylvania Causes of Action, 12th Edition
Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN
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Seeking Salvation in the Cloud
TD Bank tries to work its way out of an e-discovery mess—and cut costs.
Chancery Affirms Director's Right of Access to Corporate Information
A recent Chancery Court decision underscores the broad scope of a director's right to information, even where he is a plaintiff in litigation action against the corporation. In Kalisman v. Friedman, C.A. No. 8447-VCL (Del. Ch. Apr. 17, 2013), the court held that a corporation could not assert the attorney-client privilege or work-product doctrine to withhold documents from a director who had been frozen out of the deliberative process on a controversial recapitalization plan.
Philadelphia Traffic Court Tests Placed Under Protective Order
The federal judge presiding over the Philadelphia Traffic Court ticket-fixing cases issued a protective order for the tests taken by six indicted members of the minor judiciary.
Court of Chancery Addresses At-Issue Exception to Attorney-Client Privilege
In a little over a week, the Court of Chancery issued two decisions addressing the at-issue exception to the assertion of attorney-client privilege. The at-issue exception applies when: (1) a party injects privileged communications into the litigation; (2) a party injects an issue into the litigation, the truthful resolution of which requires analysis of privileged communications. Applying this standard, the Court of Chancery reached different conclusions regarding the applicability of the at-issue exception in In re Comverge Shareholders Litigation, C.A. No. 7368-VCP (Del. Ch. Apr. 10, 2013), and JPMorgan Chase & Co. v. American Century, C.A. No. 6875-VCN (Del. Ch. April 18, 2013).TRENDING STORIES
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