Spring 2018, Sacred Cows

     

    Litigation & Trials

    A Modest Proposal to Address the Costs of the Attorney-Client Privilege

    Edna Selan Epstein

    Let's make all privilege-protected documents discoverable and adjuticate only whether they will be admissible into evidence.

    Features

    Columns

    Litigation & Trials

    Incomplete Completeness

    Hon. Paul W. Grimm

    Imagine this situation: Federal law enforcement agents are investigating a gang-related homicide in Maryland. They interview a suspect; we’ll call him Adams. One agent asks the questions; another takes notes. The interview is not audio or video recorded. This is standard procedure at certain federal law enforcement agencies. The interview focuses on the weapon used to kill the victim, which has been recovered. Adams is asked if he knows anything about the weapon, and the agent’s interview notes reflect the following:

    Litigation & Trials

    GDPR and Overcoming Challenges to Obtaining Digital Discovery from European Entities

    Yuri Mikulka

    You are an associate in a law firm in New York assigned to a breach of contract case involving a winery client headquartered in Bordeaux, France. You are assigned to collect your client’s emails and data to respond to your adversary’s request for production of documents in the case, which is pending in a New York federal court. You have 30 days to respond and produce documents. You figure you will start collecting documents via email and produce them electronically. Is it that simple? Not at all.

    Litigation & Trials

    What’s So Special About a New Jersey Lawyer, Anyway?

    Robert E. Shapiro

    Next time you are counting the cars on the New Jersey turnpike, see if your eyes are diverted to a different but hardly more edifying phenomenon. There, as all across America, on huge highway billboards, just as on baseball video boards, in newspaper ads, and on TV, you will see the less than completely happy consequences of the U.S. Supreme Court’s ruling in Bates v. Arizona permitting lawyer advertising.

    Litigation & Trials

    Hugo Black and the Murder of Father James E. Coyle

    Kenneth P. Nolan

    In the early evening on August 11, 1921, Edwin Stephenson, a Methodist minister, walked to the porch of the rectory of St. Paul’s Cathedral in Birmingham, Alabama, and shot Father James E. Coyle three times, killing him. He then turned himself in to the sheriff. Stephenson’s reason for the shooting was simple: Earlier that day at St. Paul’s, Coyle had married Stephenson’s daughter, Ruth—a Catholic convert—to Pedro Gussman, a Catholic.

    Headnotes

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