By Hayes Hunt and Michael Zabel By now, the concept of Upjohn warnings should be familiar to any counsel, whether in-house or external, who represents a corporation’s interests in an internal investigation. In a nutshell, an Upjohn warning is derived…
Blog Archives
Upjohn Warning Update
Tagged with: attorney-client privilege, attorney-expert communication, Corporate Counsel, Corporate Law, Upjohn v. United States
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Swartz Suicide: Duties of Prosecutors and Defense Attorneys
By Hayes Hunt and Calli Varner Aaron Swartz, 26 year-old co-founder of Reddit and long-time activist against the Stop Online Piracy Act (SOPA), committed suicide. Mr. Swartz killed himself weeks before his trial for charges related to his access to MIT’s computer…
Evidence Needed For Crime-Fraud Exception to Attorney-Client Privilege
By Hayes Hunt and Michael Zabel How much evidence is enough to establish the crime-fraud exception to attorney-client privilege? With its recent opinion in In re Grand Jury, Nos. 12-1697 & 12-2878 (Dec. 11, 2012), the U.S. Court of Appeals…
Tagged with: attorney work product, attorney-client privilege, Crime-Fraud Exception
Posted in Prosecution & Defense
Posted in Prosecution & Defense
4th Amendment Warrantless Search & Seizure Issues – Technology & Privacy
By Hayes Hunt and Calli Varner Almost all of us rely on technology to carry out our day-to-day activities. We carry one, if not two devices such as a smart phone or tablet with us at all times. Courts continue…
Tagged with: Criminal Law, Fourth Amendment, GPS Tracking Devices, privacy, Search Warrant, Technology and Law, Warrantless Search & Seizure
Posted in Prosecution & Defense
Posted in Prosecution & Defense
Duty to Rescue — Tragic Subway Death Raises Questions of Criminal Law
By Hayes Hunt and Thomas M. O’Rourke When 58-year-old Ki Suk Han was pushed onto the subway tracks in New York’s Times Square Station last week, no one helped him. This much can be seen in the photograph that appeared…
Will Pennsylvania Prohibit Discovery of All Attorney-Expert Communications?
By Thomas G. Wilkinson, Jr. and Thomas M. O’Rourke In 2010, the Federal Rules of Civil Procedure were amended to address certain problems with prior expert discovery rules which were interpreted to allow discovery of virtually all communications between attorneys…
Tagged with: attorney work product, attorney-expert communication, experts, Litigation, Rules of Civil Procedure
Posted in Discovery
Posted in Discovery
Endorsement Contracts, Morals Clauses and Lance Armstrong
By Hayes Hunt and Brian Kint On November 5th in Edenbridge, U.K., a 30-foot tall model of Lance Armstrong* was burned to celebrate Guy Fawkes’ failed plot to blow up the Parliament. The giant Armstrong likeness held a Tour de…
Tagged with: Claw back, Contracts, Corporate Counsel, Corporate Law, Endorsements, Lance Armstrong, Morals Clauses
Posted in The Client
Posted in The Client
In Brief: Jose Garces, Iron Chef, Author and Restauranteur – 10 Q Interview
In Brief: Jose Garces, Iron Chef, Author and Restauranteur. 10 Q Interview You grew up in Chicago, what was on the table at a Garces’ family dinner? “My family relied on a lot of Latin staples: arroz con pollo, arepas,…
Tagged with: 10 Q Interview, Cooking, In Brief, Iron Chef, Jose Garces, Jose Garces Recipes, Latin Road Home, locavore, Luna Farm, Restaurant Owner
Posted in Interviews
Posted in Interviews
Hurricane Sandy and Refusing to Evacuate: Criminal Law and Civil Liability
By Hayes Hunt and Calli Varner Hurricane Sandy’s death toll continues to rise and over 100 people have lost their lives to Sandy. Some of the dead were residents who decided, despite orders to evacuate, to “ride out” the storm,…
Tagged with: assumption of risk, Criminal Law, emergency responder law, hurricane, legal duty to evacuate
Posted in Prosecution & Defense
Posted in Prosecution & Defense
The Internet as Evidence: Authentication & Admissibility of an Active Webpage
By Hayes Hunt and Michael Zabel You want to introduce an active webpage into evidence. Now what? Courts generally agree that the contents of a website are admissible evidence, so long as those contents are properly authenticated and are not…
Tagged with: admissibility, authentication, Evidence, Exhibits, From the Sidebar, Hayes Hunt, hearsay, website
Posted in Trial
Posted in Trial
