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New Year's resolution -- make sure your estate plan reflects your wishes

Day Pitney LLP
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USA
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January 17 2013

With the start of a new year and the enactment of a new federal law that will affect estate planning in a variety of ways, now is the time to review

"It vexes me. I'm terribly vexed."

Day Pitney LLP
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USA
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September 4 2012

The Hyde Amendment gives criminal defendants the chance to win attorney's fees and costs when "the court finds that the position of the United States was vexatious, frivolous, or in bad faith."

It's a bird! It's a plane! It's an attorney-client waiver opinion!

Day Pitney LLP
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USA
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May 1 2012

Privileged documents produced in response to a grand-jury subpoena cannot be withheld in subsequent civil litigation (even litigation about Superman), according to this opinion from the Ninth Circuit

Employer's law blog - court orders production of notes prepared by plaintiff, not on request from counsel

Day Pitney LLP
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USA
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April 26 2012

The New Jersey Appellate Division recently held that handwritten notes prepared by a plaintiff before she met with her attorney are not protected by the attorney-client privilege and must be produced in discovery, where the notes were not prepared at the attorney’s direction or under his supervision

Berkowitz v. Berkowitz

Day Pitney LLP
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USA
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March 23 2012

In Berkowitz v. Berkowitz, Civil Action No. 11-10483-DJC, 2012 U.S. Dist. LEXIS 31487 (D. Mass. March 9, 2012), the U.S. District Court denied a motion to dismiss a complaint alleging breach of an oral trust

Howes v. Riordan

Day Pitney LLP
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USA
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March 5 2012

In Howes v. Riordan, Case No. 11-P-596, 2012 Mass. App. Unpub. LEXIS 220 (Feb. 28, 2012), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed the allowance of a motion to strike an affidavit of objections

Rivera v. Mackoul

Day Pitney LLP
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USA
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February 13 2012

In Rivera v. Mackoul, Case No. 10-P-1663, 2012 Mass. App. Unpub. LEXIS 120 (Feb. 3, 2012), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed a judgment in favor of an estate planning attorney for fees incurred in a will contest, where the will was determined to be invalid pursuant to an agreement for judgment

Rochalski v. Sklodowski

Day Pitney LLP
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USA
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January 11 2012

In Rochalski v. Sklodowski, Case No. 10-P-1750, 2012 Mass. App. Unpub. LEXIS 12 (Jan. 6, 2012), a decision issued pursuant to Rule 1:28, the Appeals Court affirmed the probate court's judgment voiding certain transactions on grounds of lack of capacity and undue influence

A lawyer's "privilege" to produce

Day Pitney LLP
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USA
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December 1 2011

The First Circuit rejected a series of arguments from the client of an attorney who received a grand-jury subpoena for the client's records

Add forfeiture to the inevitability of death and taxes

Day Pitney LLP
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USA
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December 1 2011

The Ninth Circuit held that if an indictment properly includes forfeiture allegations for an offense that authorizes criminal forfeiture, the sentencing court must impose forfeiture of the proceeds of the crime

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