[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
The Growing Role of Social Media in Litigation and How to Prepare for It
With Probable Cause and Drug-Sniffing Dogs, Supreme Court Would Rather Keep Things Fluid
N.Y. Anti-Terror Law Diminishes Pursuit of Terrorism: Lawyer
Federal Criminal Defense Attorney - Overturning A Guilty Verdict in a Federal Criminal Appeal
What issues do people raise in a federal criminal appeal?
How Does Cooperating In A Federal Criminal Case Work?
How do federal conspiracy charges work?
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Rajaratnam Judge: Wiretaps in Insider Trading Cases are "Radical"
In product liability litigation, the determinants of causation between an agent and a disease are frequently a critical issue. In 1965 Sir Austin Bradford Hill, a British epidemiologist and...more
Proceedings supplementary are intended to be a speedy and relatively inexpensive means by which a judgment creditor can recover fraudulent transfers from third parties. Unlike conventional suits, proceedings supplementary do...more
I. FEDERAL PROCEDURE -
A. Overview of Article.
The purpose of this article is to provide summaries and brief discussion of significant recent cases from the United States Supreme Court, the United States Circuit...more
As generally understood, the parol evidence rule prohibits the introduction of extrinsic evidence to alter, vary or add to the terms of an integrated agreement. ”Parol” is derived from the French word, “parole” meaning...more
Lynda Zadra-Symes is a litigation partner in the Orange County, Calif., office of Knobbe Martens Olson & Bear LLP. She represents clients through all stages of U.S. litigation, from presuits through trial and appeal, in...more
Too often the work of in-house counsel resembles the triage department of a hospital emergency room: Attend to the most immediate crisis and hope the routine complaints quiet themselves with the passage of time. Whether and...more
It’s hard to start a lawsuit when you don’t know who you’re suing. What can potential claimants do when they have been wronged but lack the essential information necessary to start a lawsuit? ...more
The Florida Legislature passed House Bill 7015, dealing with expert testimony, which has been signed into law by Governor Scott. Chapter 2013-107, Laws of Florida, amends Florida’s evidence code to conform to Rule 702 of the...more
The outcome of civil litigation often hinges upon the ability of litigants to rely upon or exclude public records and reports and, in particular, opinions contained in them. Federal Rule of Evidence 803(8) (“Rule 803(8)” or...more
A recent case out of the Northern District of Ohio is an unsung victory for proportionality in that the Court twice declined to sanction a plaintiff’s “failure” to forensically image computers where computer logs showing the...more
On May 21, 2013, the California First District Court of Appeal certified for publication North Coast Rivers Alliance v. Marin Municipal Water District, an important CEQA opinion that affirms a highly deferential...more
Business litigation is usually about numbers. The damages, value, financial analysis and appraisal you need to prove your case will often require the opinion of an independent financial expert such as a business valuator,...more
Being sued by Midland Funding – or any junk debt buyer for that matter – can be a scary experience. The big stack of documents dropped off by the process server look official and you may be thinking to yourself that there is...more
On March 15, 2013, the Quebec Court of Appeal in Axa Assurances v. L.S.1 set the record straight on the threshold an insurer must achieve when declaring an insurance policy void, confirming its prior decisions in Nourcy2 and...more
When someone is badly injured because of the negligent or reckless actions of someone else, that injured person is forced into a position where he or she must fight back. He or she must fight back to obtain some sort of...more
In Judge v. Metropolitan Life Insurance Company [PDF], 710 F.3d 651 (6th Cir. 2013), the Sixth Circuit rejected plaintiff’s proposed bright-line rule requiring plan administrators to obtain vocational evidence and an IME...more
There was only one published criminal case in the federal circuits last week where the defendant won. It's a good case on jury instructions for missing evidence, and the short write up is below....more
When a person is arrested with a cell phone, law enforcement officers will likely want to search the phone’s contents. Today’s smart phones are a treasure trove of contacts, calendars, voice and text messages, e-mail,...more
Overview: The Ninth Circuit Court of Appeals recently upheld a conviction for felony firearm possession in a case where the handgun owner discarded the weapon before being seized. The court found that, although an illegal...more
Casey Anthony should have been convicted of murder, her trial judge said this week.
Anthony was acquitted in 2011 for the killing of her 2-year-old daughter, Caylee. Caylee’s corpse was found in a trash bag in the...more
Modern trials are frequently battles of experts hired by the parties to advocate their respective positions. Bad faith actions are no different. The plaintiff and the insurer will both beat the bushes for claims handlers or...more
Significant changes to Australian patent opposition proceedings arise under the new Regulations to the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 that came into force on April 15, 2013....more
In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New York County Commercial Division (Bernard J. Fried,...more
Overview: The Ninth Circuit Court of Appeals recently reversed a drug conviction in a case where FBI agents deliberately delayed Miranda warnings to induce the defendant’s confession. The court found that the agents had...more
Trials are a risky, lengthy and very expensive process. Despite what is shown on TV, trials are not dramatic scenes of vindication. They are generally a last resort for both the plaintiff and the defendant. If your case goes...more
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