In re Weekley Homes: Proper Procedures for Electronic Discovery

On 31 August 2009, in Texas Cases, by Peter Smythe

On a peti­tion for Writ of Man­da­mus, the Texas Supreme Court han­ded down its opi­nion in In re Wee­kley Homes, L.P., a case invol­ving elec­tro­nic dis­co­very. While the opi­nion, itself, demons­tra­tes some of the pit­falls of dis­co­very in the trial prac­tice, Jus­tice O’Neill’s sum­mary of the pro­per pro­ce­du­res for elec­tro­nic dis­co­very make the case a […]

 

How Many Lawyers Would You Like on that Brief?

On 27 August 2009, in Appellate Advocacy, by Peter Smythe

One of the most popu­lar artic­les making the rounds of the law blo­gosphere today is the New York Times’s Down­turn Dims Pros­pects Even at Top Law Schools. The article reports on the “biza­rre new rea­lity” facing law firms who have been pum­me­led by the eco­nomy, but who have tried to keep up appea­ran­ces with first-​year […]

 

Reyes: New Trial Due to Prosecutorial Misconduct

On 20 August 2009, in White Collar Crimes, by Peter Smythe

The Court of Appeals for the Ninth Cir­cuit recently vaca­ted Greg Reyes’s con­vic­tion for back­da­ting stock options and orde­red a new trial. The court vaca­ted Reyes’s con­vic­tion on the basis of pro­se­cu­to­rial mis­con­duct in jury argu­ment. Reyes, the CEO of Bro­cade Com­mu­ni­ca­tions of San Jose, was char­ged with seve­ral cri­mi­nal counts for fal­sif­ying cor­po­rate books […]

 
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