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Case digests, coverage of key rulings, and analysis of trends
By Andrew Goudsward | October 10, 2022
Durham's personal intervention in the case comes after a jury delivered a swift rebuke to the special counsel's investigation following the trial of former Perkins Coie partner Michael Sussmann.
6 minute read
By Marianna Wharry | October 7, 2022
The Commonwealth Court held that the UCBR properly disregarded the school's hearsay evidence because it was not "corroborated by other competent evidence in the record" and notably lacked first-hand testimony of the incident with Rudnick.
3 minute read
By Andrew Goudsward | October 6, 2022
Morrison & Foerster partner Brandon Van Grack said the special master review is a substantial hindrance to the Justice Department's investigation, even with classified documents excluded from the assessment.
12 minute read
By Michael J. Hutter | October 5, 2022
The application of New York's witness sequestration rule is committed to the sound discretion of the trial court. Its hallmark is the flexibility to apply the rule to guard against the risk of perjury. Counsel should be ready to ask the trial court to shape any sequestration rule to achieve this goal.
14 minute read
By Cassandre Coyer | October 4, 2022
While virtual reality technology has already proved useful in many other industries, its use in legal is still coming into focus. While many have pointed to VR's potential to present evidence in trials, some argue that immersing jurors into a crime scene is a step too far.
4 minute read
By Allison Dunn | October 4, 2022
"It was a real minefield to be in a position where you're supposed to have an obligation to communication your request for accommodation and that's not a static thing. This case very well demonstrates, and the court emphasizes, it's a continuing obligation," said plaintiff's attorney Jacques J. Parenteau.
8 minute read
By H. Christopher Boehning and Daniel J. Toal | October 3, 2022
A district court recently was pressed to revisit issues that many may consider settled as part of today's standard practice. In granting a motion to compel, the court provided useful guidance—and reminders—on well-worn topics, including compliance with an ESI protocol (yes, please), the propriety of self-searching and self-collection of email by custodians (no, thank you), and whether a party is required to produce metadata (yes, please).
8 minute read
By Allison Dunn | September 30, 2022
"I'm certainly glad that the court recognized that invoices written by a lawyer whose engaged to do an investigation were subject to the privilege," said the plaintiff's attorney, Michael Harrington, partner of FordHarrison in Hartford. "In the public sector, you have this additional concern about making the situation worse because it is publicized later. In this particular case, a lot of folks expressed to the lawyer who did the investigation ... employees were definitely expressing hesitancy about speaking out because the investigation concerned investigating the mayor. I think the court was right to recognize that."
6 minute read
By Jules Epstein | September 30, 2022
Poor lawyering—came to the fore in a recent challenge to a death sentence imposed over a quarter century ago. The context was a claim that there was a complete system failure—the quality of court-appointed counsel's lawyering so poor that who was counsel was a determining factor in whether a death sentence was returned.
4 minute read
By Andrew Goudsward | September 29, 2022
The founder of the far-right Oath Keepers group and four of its members stand trial beginning this week in the most highly anticipated trial yet arising from the attack on the U.S. Capitol.
8 minute read
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