News & Analysis as of

Fifth Amendment Evidence

EDRM - Electronic Discovery Reference Model

[Webinar] Important eDiscovery Case Law Decisions for May - May 30th, 1:00 pm - 2:00 pm ET

Our latest six eDiscovery case law rulings MAY be our best ever! See what I did there? Our May 2024 monthly webinar of cases covered by the eDiscovery Today blog discusses disputes related to prolonged lack of cooperation in...more

EDRM - Electronic Discovery Reference Model

[Webinar] ESI and Crimes: Catching Criminals and Protecting Rights - May 22nd, 1:00 pm - 2:00 pm ET

Electronic information in various forms is now a common feature in the investigation and prosecution of crimes. The search for and use of that information presents issues under the Fourth, Fifth, and Sixth Amendments as well...more

Sheppard Mullin Richter & Hampton LLP

“Take Five” – A Guide to Invoking the Fifth Amendment in Civil Cases

Written by Paul Desmond in the key of E-flat minor and performed by the Dave Brubeck Quartet using a funky quintuple (5/4) time, “Take Five” is and was the biggest selling jazz single of all time. But it is also slang for...more

Cranfill Sumner LLP

U.S. Supreme Court Holds that a Violation of an Individual’s Miranda Rights Does Not Provide a Basis for a § 1983 Claim.

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In a recent opinion, the U.S. Supreme Court reversed a decision by the Ninth Circuit Court of Appeals in which held that the “use of an un-Mirandized statement against a defendant in a criminal proceeding violates the Fifth...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 79: Tackling an MEE Criminal Law/Procedure and Evidence Essay

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Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through a UBE Criminal Law/Procedure and Evidence essay question from the July 2016 bar exam. This is part of our series of podcasts on how to approach...more

Association of Certified E-Discovery...

Sean O’Shea: Tips for Paralegals and Litigation Support Professionals – October 2019

9/25/2019: more on searching text files with powershell - Case sensitive search for multiple strings: Select-String -Path C:\FooFolder\txt\*.txt -pattern Art,Beauty,Law -CaseSensitive - 9/26/2019: more helpful...more

Pierce Atwood LLP

No Right to Jury Trial for Regulatory Taking Claim: Pierce Atwood Partner Michelle O’Brien Successfully Argues Before...

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Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more

Mintz - Trademark & Copyright Viewpoints

Brewery Defeats Trademark Opposition by Conservative Public Figure Phyllis Schlafly

Relatives of the late conservative political activist, Phyllis Schlafly, lost their appeal to prevent the Saint Louis Brewery, LLC (“the Brewery”) from trademarking the Schlafly name in connection with various beer products...more

Steptoe & Johnson PLLC

First Look - Spring Issues 2018

“An insured owes an obligation to cooperate with its insurer. Generally, this duty to cooperate flows from a specific provision in the insurance contract, usually referred to as the ‘cooperation clause.’” However, even if...more

Nossaman LLP

Friday Afternoon Eminent Domain Case Review

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On Friday afternoon I decided to take a quick look at the advance sheets for any newly decided appellate cases involving eminent domain. My search revealed an unpublished decision that came out yesterday (September 7, 2017)...more

Farella Braun + Martel LLP

Texts and Message Apps Are Changing Internal Investigations

It almost goes without saying that these days not all pertinent business-related communications can be found on corporate email servers. As we have increasingly seen in recent internal investigations, some of the most...more

Farella Braun + Martel LLP

Use of Text Messaging Should Change the Nature of Evidence Gathering in Internal Investigations

It doesn’t take a millennial to know that these days not all pertinent business-related communications are to be found on corporate e-mail servers. As we have increasingly seen in recent internal investigations, the most...more

Ward and Smith, P.A.

A Parallel Universe: Navigating Discovery in Concurrent Civil and Criminal Proceedings

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As criminal law has expanded into almost every sector of the American economy, one byproduct is the rise of "parallel proceedings"—lawsuits that proceed concurrently in criminal and civil court based on largely the same...more

Morrison & Foerster LLP - Social Media

Status Updates - November 2014

..Cuffed links. The Spanish parliament has passed what is commonly known as the “Google tax,” although it’s technically not a tax and doesn’t apply solely to Google. Rather, it’s an intellectual property law requiring online...more

Mintz - Privacy & Cybersecurity Viewpoints

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to...more

Best Best & Krieger LLP

BB&K Police Bulletin: Fifth Amendment Privilege - Suspect Forfeits Right to Remain Silent and Privilege Against...

Overview: The U.S. Supreme Court recently rejected the Fifth Amendment claims of a man whose silence during police questioning was used as evidence of guilt. During a non-custodial interrogation, the murder suspect answered...more

Nossaman LLP

Follow Up on IRWA/Appraisal Institute "2012 Eminent Domain Year in Review" Presentation

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For those of you who attended the joint meeting today between Chapter 1 of the International Right of Way Association and the Appraisal Institute, we promised to post a cheat sheet that reminds you about the cases associated...more

Nossaman LLP

Big Year For Published Eminent Domain Decisions

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Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

Nossaman LLP

Eminent Domain Opinions Focus On 'Just Compensation'

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Originally Published in Daily Journal, January 4, 2013 It has been quite a busy year for takings cases, and the state Court of Appeal provided one last published eminent domain opinion just before 2012 came to a close....more

Nossaman LLP

The Cross-Fire Continues Over the Judge's Role in Limiting Appraisal Opinions in Eminent Domain Cases

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It has been quite a busy year for takings cases. While our readers can soon expect our annual "Year in Review E-Alert," the California Court of Appeal decided to grace us with one more published eminent domain opinion just...more

Nossaman LLP

Options, Agreements, And Prior Appraisals: Admissibility Issues In Eminent Domain Trials

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Originally Published in The Real Estate Finance Journal, December 17, 2012. In eminent domain proceedings, property owners are granted the right to have a jury determine just compensation. But the presentation of...more

Nossaman LLP

A Motion in Limine Strikes Again

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A couple of weeks ago, the California Court of Appeal issued a decision that discussed an attorney malpractice lawsuit known as a “settle and sue” case, where the client settles whatever litigation in which they are...more

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