By Hayes Hunt Eddie Ohlbaum, my close friend, recently passed away. He loved trial work, teaching at Temple Law and advocating for the indigent. He also loved the Brooklyn Dodgers. I called him for his input when I wrote my first article for…
Blog Archives
Strike That. Objecting to Yourself. Eddie and Opening Day.
Tagged with: Cozen O'Connor, Depositions, From the Sidebar, Jury, Objections, Public Speaking, Questioning Techniques, Trial, Witness
Posted in Trial
Posted in Trial
Privileged Communications With Outside Consultants
By Hayes Hunt and Arthur Fritzinger Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude potentially incriminating statements. How…
Twitter, Evidence, Privacy and Social Media
By Hayes Hunt and Brian Kint A recent case, albeit one dealing with a governmental subpoena, shows that the SCA may not be the panacea that social networking sites think it is. In People v. Harris, Twitter sought to quash…
Tagged with: Criminal Law, Evidence, Fourth Amendment, Prosecution, Social Media Law, Trial
Posted in Criminal Law
Posted in Criminal Law
Facebook Subpoena – Trial Evidence
By Hayes Hunt and Brian Kint Obtaining information through a subpoena may be easier said than done. Third-party subpoenas to social networking sites are likely to result in an objection on the grounds that the production of private information would…
Tagged with: Facebook, Social Media, Social Media Law, stored communication act, subpoena
Posted in Trial
Posted in Trial
Social Media Evidence – Authentication
By Hayes Hunt and Brian Kint Despite the relative freedom law enforcement officials have to gather evidence, prosecutors and defense counsel alike are limited as to what information they can introduce into evidence at trial. Perhaps the biggest hurdle attorneys…
Tagged with: authentication, Evidence, Social Media, Social Media Law, Trial, Trial Practice
Posted in Trial
Posted in Trial
Prosecution’s Use of Social Media Research
By Hayes Hunt and Brian Kint All of this goes to show that the use of social media in judicial proceedings is not a one way street. Law enforcement and prosecutors are increasingly utilizing social networking sites to build their…
Tagged with: Law Enforcement, Prosecution, Rules of Professional Conduct, Social Media Law, Witness Investigation
Posted in Social Media & Law
Posted in Social Media & Law
Juror Misconduct and Social Media
By Hayes Hunt and Brian Kint The Daugerdas case also shows the importance of continuing juror investigation beyond voir dire. Monitoring jurors’ social networking sites during trial and deliberations can reveal instances of juror misconduct as well. As social networking…
Tagged with: Juror Misconduct, Jury, jury instructions, Social Media Law, Trial, Trial Practice
Posted in Trial
Posted in Trial
Trial and Social Media: Researching Potential Jurors
By Hayes Hunt and Brian Kint Social media is a mainstay in daily life. Over a billion people are registered users of Facebook. The Facebook logo and the logos of other social networking giants such as Twitter are quickly becoming…
Tagged with: Daugerdas, Juror Misconduct, jury selection, Social Media Law, Trial, Trial Practice, voir dire
Posted in Trial
Posted in Trial
Judges as Board Members: New Pa. Code of Judicial Conduct
By Hayes Hunt and Joshua Ruby The Pennsylvania Supreme Court recently adopted a new Code of Judicial Conduct. Effective July 1, 2014, new rules will apply to the extrajudicial activities for Pennsylvania judges. Businesses and nonprofits need to accommodate these…
Less Discovery? Proposed Amendments to the Federal Rules of Civil Procedure May Change the Scope of Discovery As We Know It
By Thomas G. Wilkinson, Jr. & Thomas M. O’Rourke According to some estimates, discovery costs account for between 50 and 90 percent of total litigation costs. In an attempt to streamline federal discovery, the Judicial Conference Committee on Rules of…
Tagged with: Civil Procedure, Deposition Practice, Depositions, Discovery, Federal Rule of Civil Procedure 29, FRCP 26, Litigation, Litigation Practice
Posted in Discovery
Posted in Discovery
