For the first time in a NY state court case, an Appellate Division court has adopted the standard set forth in 2003 in Zubulake v. UBS Warburg LLC, which set forth guidelines when a party can be punished for the destruction of emails. The NY case, Voom HD Holdings v. EchoStar Satellite LLC, involved a [...]
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Give 16 year old Jessica Ahlquist an “A” for “chutzpa” for being the successful lead plaintiff in a lawsuit brought by the ACLU against a Cranston Rhode Island school district that forced the district to cover up an eight foot high prayer in the school auditorium. The prayer had been there for 49 years and [...] Today the Supreme Court in United States v. Jones decided that the District of Columbia’s Police Department’s attachment of GPS device to a suspected drug dealer’s car without a proper warrant violated the Fourth Amendment’s prohibition against unreasonable search and seizures. In overturning the conviction of Antoine Jones, who had received a life sentence [...] The record that launched 10,000 rock bands is at the heart of a new lawsuit filed Wednesday by legendary rock band the Velvet Underground.The band, which emerged from the late ’60s avant garde New York scene, released their debut album “The Velvet Underground and Nico” in 1967 (the greatest year in rock history, BTW). The [...] In another blow to New Orleans DA Harry Connick (Father of the singer Harry Connick Jr) the US Supreme Court once again found that his office withheld exculpatory evidence from a defendant in a capital murder trial. There is a long history of problems in Connick’s office. In 1995, Esquire photographed him, for a piece [...] Congratulations to Gwinnett County School System for winning the coveted Courtroom Strategy Bonehead Legal Move of the Year Award for 2012. I know what your thinking – Oscar its only January How can you possibly award this now? Because I am confident that no application of a governmental rule or law will stop this one [...] In New York, General Business Law ยง627-a requires that an automated external defibrillator (AED) be present in health clubs with at least 500 members, along with a trained operator to use it. And now a NY Appellate Court has ruled that this statute also means that the operator has a duty to use the machine [...] SAT test-taker and cheat Sam Eshaghoff and his lawyer appear tomorrow on 60 Minutes to discuss the criminal case and why he cheated. Normally, I get wanted to capitalize on your 15 minutes of fame, even if its 15 minutes of infamy, but this is a bone-headed move that makes you wonder how smart he [...] Monsanto is one of the largest conglomerates in the world. For years, they have been trying to corner the world’s food production by patenting genetically-altered seeds. If a farmer wants to grow Monsanto’s crops, they have to actually license the seeds and renew that license every year. But these are seeds that grow into crops [...] Imitation is the fondest form of flattery,right? So famed shoe designer Derek Lam should have been pleased that the Ivanka released a shoe that – well let’s just say it flatters Derek Lam a great deal. (picture of the two shoes is below). Lam has not sued yet, just fired off a cease and desist [...] |
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Copyright 2004- 2012 Matthew S. Chan. All Rights Reserved. |
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