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

  • Day Pitney LLP
  • -
  • USA
  • -
  • 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

Trust & estate litigation - 24 November 2010

  • Day Pitney LLP
  • -
  • USA
  • -
  • November 24 2010

Case law relating to trusts and estates is constantly evolving

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

  • Day Pitney LLP
  • -
  • USA
  • -
  • 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."

Berkowitz v. Berkowitz

  • Day Pitney LLP
  • -
  • USA
  • -
  • 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

Agreement for “direct use immunity” did not preclude federal prosecutors from sharing defendant’s incriminating proffer statements with foreign (or state) authorities

  • Day Pitney LLP
  • -
  • France, USA
  • -
  • June 23 2009

The Ninth Circuit Court of Appeals has affirmed that a criminal defendant’s agreement with federal prosecutors not to use against him any statements made by him during proffer sessions did not bar the U.S. Attorney’s Office from sharing his incriminating statements with authorities in France who then used the statements against him in French criminal proceedings

Connecticut's proposed rule on registration of in-house counsel due for vote of judges

  • Day Pitney LLP
  • -
  • USA
  • -
  • June 25 2007

With all the things that a Connecticut company's in-house counsel has to worry about, being accused of practicing law without a license should not be one of them

New Jersey Consumer Fraud Act

  • Day Pitney LLP
  • -
  • USA
  • -
  • September 13 2013

In a business-friendly decision, Perez v. Professionally Green, LLC, 214 N.J. ___ (2013), a unanimous New Jersey Supreme Court held yesterday that a

Rochalski v. Sklodowski

  • Day Pitney LLP
  • -
  • USA
  • -
  • 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

Mannix v. Tighe, Hutchings v. City of Gardner, and Marmer v. Kaufman

  • Day Pitney LLP
  • -
  • USA
  • -
  • March 17 2010

Three recently reported decisions -- two of the superior court -- are worth noting briefly

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

  • Day Pitney LLP
  • -
  • USA
  • -
  • 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