Evidence

  • Federal Government, Uncategorized

    Sixth Circuit Analyzes Standards for Sanctions for Failing to Preserve Evidence

    n Automated Solutions Corp. v. Paragon Data Systems, 2014 U.S. App. LEXIS 11918 (6th Cir. June 25, 2014), the United States Court of Appeals for the Sixth Circuit provided a close examination of the standards required for the imposition of severe sanctions for failing to preserve evidence. The case involved a dispute between two software companies over the development of software code. Essentially, the plaintiff Automated Solutions (“Automated”) accused Paragon Data Systems (“Paragon”) of utilizing Automated’s code to develop a competing software program. Automated filed a motion for sanctions seeking a default judgment against Paragon for Paragon’s failure to preserve a server and two hard drives utilized in the development of the competing software as well as computer backup tapes. The district court concluded that Paragon was negligent in failing to preserve the materials, but that there was no evidence indicating that Paragon acted with any willful or malicious behavior. Instead of imposing sanctions, the court indicated that it would consider the issuance of an adverse inference instruction against Paragon at trial. After Paragon prevailed on summary judgment, Automated appealed to the Sixth Circuit.

    / Jul 30, 2014 at 10:08 AM
  • Employee

    Crime, White-Collar Crime

    Why Johnny Can’t Talk: Federal Rule of Evidence 608(b) and the Difficulty of Trial

    If the deck wasn’t stacked enough, federal rules also meaningfully chill defendants from testifying.

    17 Comments / / May 15, 2014 at 11:12 AM
  • iStock_000003016325Small

    Crime

    On Remand: Prints Finger The Guilty – And The Innocent?

    How did fingerprinting come to be a standard and accepted practice in criminal cases?

    4 Comments / / May 5, 2014 at 3:31 PM
  • saulgoodman__130409172658__130726211708-275x213

    Hillary Clinton, Non-Sequiturs, Television

    Non-Sequiturs: 01.24.14

    * Everything you wanted to know about the Breaking Bad prequel, Better Call Saul. [Latin Post]

    * Well, we made fun of him in the past, but now Rob Greenstein has been sworn into office by none other than Hillary Clinton. Good for him. The ads were still stupid, though. [New York Personal Injury Blog]

    * Really, Seattle? Blow dart attacks? [Seattle Times]

    * Clay Aiken is thinking about running for Congress? Bad move, bro. Ruben Studdard has that district locked up. [Roll Call]

    * It’s a very civil world where evidence spoliation earns you a nice compliment from the judge. [IT-Lex]

    * Joe was on Legalese It! on HuffPo Live to discuss everything from gay marriage to threats made against the President. And you get to see Joe forget the name of Mail Goggles. Video embedded below… [HuffPo Live]

    1 Comment / / Jan 24, 2014 at 5:02 PM
  • Black vocalist singing into microphone

    Music, Rap, Technology

    Should Rap Lyrics Be Admissible Evidence?

    To what extent is artistic expression probative of an artist’s actions.

    10 Comments / / Jan 24, 2014 at 10:15 AM
  • Kent W. Easter

    Attorney Misconduct, Biglaw, Deaths, Insider Trading, Law Professors, Law Schools, Money, Morning Docket, Patents, Trials

    Morning Docket: 11.22.13

    * Former U.S. Attorney Neil H. MacBride will be joining Davis Polk as a partner in the firm’s white-collar defense practice. Nice work, DPW — he’s actually kind of cute. Earn back that rep! [DealBook / New York Times]

    * Matthew Kluger, most recently of Wilson Sonsini, was disbarred in D.C. following his insider trading conviction. His criminal career apparently began while he was still in law school. Sheesh. [Blog of Legal Times]

    * Kent Easter, he of the “I am but a spineless shell of a man” defense, was just on the receiving end of a mistrial. It seems the jury was totally deadlocked. Guess they felt bad for him. [Navelgazing / OC Weekly]

    * The Iowa Law Student Bar Association supports the school’s decision to cut out-of-state tuition by about $8,000 because to stand against such a measure would be absolutely ridiculous. Congratulations on not being dumb. [Iowa City Press-Citizen]

    * Apple won more than $290 million from Samsung in its patent infringement retrial. Siri, tell me what the fifth-largest jury award in the U.S. was in 2013. OMG, I didn’t say delete all my contacts. [Bloomberg]

    * The trial for James Holmes, the shooter in the Aurora, Colorado movie theater massacre, was delayed by a judge until further notice. A hearing has been scheduled to reassess the situation in December. [CNN]

    * Myrna S. Raeder, renowned expert on evidence and criminal procedure, RIP. [ABA Journal]

    7 Comments / / Nov 22, 2013 at 9:09 AM
  • BernardMadoff-RF

    Bernie Madoff, Laura Taylor Swain, Pictures, S.D.N.Y., Technology, Trials

    Bernie Madoff’s Giant Screw: Is Photoshop A Proper Rule 403 Remedy?

    A federal judge tells prosecutors to use Photoshop to remove an item from a picture. But is changing the totality of the image the same as excluding prejudicial evidence?

    13 Comments / / Sep 26, 2013 at 1:45 PM
  • 170px-Man_sniffing

    Barack Obama, Law Schools, Non-Sequiturs, Politics, Sex

    Non-Sequiturs: 05.28.13

    * The night of the Benghazi attacks, President Obama was high on cocaine and having gay sex. Sure, this seems totally reasonable. [Examiner]

    * Singapore does not f**k around with sentencing. A professor faces up to five years in jail for each of six charges of corruption arising from consensual sex with a student. [Law and More]

    * “Brooklyn D.A.” survives an injunction. But apparently it kind of sucks. [TV Newser]

    * An unfortunately accurate story of a chickens**t legal dispute. [Legal Juice]

    * An interview with a biochemist going to Yale Law School. [Science to Law]

    * Testimony elicited from superheroes may not be admissible. [Law and the Multiverse]

    4 Comments / / May 28, 2013 at 5:16 PM
  • Supreme-Court-SCOTUS-photo-by-David-Lat1

    Constitutional Law, SCOTUS, Supreme Court

    The Supreme Court Is Not Kind To Pharmaceutical Sales Reps Or the Confrontation Clause

    SCOTUS didn’t issue a health care opinion, but for a certain kind of lawyer, a very important opinion was issued today, instead…

    6 Comments / / Jun 18, 2012 at 1:50 PM
  • Harvard-Law-School-small

    Law Professors, Law Schools

    The Evidence Exam at Harvard Law That Requires No Evidence to Pass

    Professor Nesson at Harvard Law is all about the existential experience of thinking deeply (or casually) about law — and he’s doing it at a school that confers the very tangible benefit of high-paying, prestigious jobs to all who want them. So, strap yourselves in: two questions, 500-word limit per answer. Have fun, kids….

    132 Comments / / Dec 22, 2011 at 1:05 PM
  • Crime, Murder, Privacy, Social Networking Websites, Technology

    Prosecutorial Misadventures with MySpace Evidence

    The practice of “oversharing” on social networks has been a boon for law enforcement. Investigations regularly involve checking out people’s Facebook, MySpace, and LinkedIn profiles. Thus, it’s probably unwise to post about your involvement in a crime. Or about threatening a witness set to testify against your boyfriend. While investigating Antoine Griffin, a murder suspect […]

    19 Comments / / May 11, 2011 at 12:59 PM
  • Grade Reform, Law Professors, Law Schools

    Grading Shenanigans at Harvard Law School? Spring Evidence Students Confronted ‘Irregularities’

    It’s nearly August. But at Harvard Law School, administrators are still trying to sort out what happened with Professor Bruce Hay’s spring Evidence course. Not that grades matter all that much at HLS. The most important part of an HLS student’s transcript is the part at the top that says “Harvard Law School.” Heck, the […]

    65 Comments / / Jul 26, 2010 at 2:18 PM

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