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Appellate Division, 4th Department Case Summaries: May 1, 2009.(Case overview)
May 1, 2009... Byline: The Daily Record Staff
Murder Standby Counsel People v. Adams KA 04-01401 Appealed from Onondaga County Court Background: The defendant was convicted of second-degree murder after a trial in which he represented himself. One...
U.S. District Court, Western District New York Case Summaries: May 1, 2009.(Case overview)
May 1, 2009... Byline: The Daily Record Staff
Social Security Gillies v. Astrue 07-CV-517 Judge Telesca Background: Plaintiff, Marjorie E. Gillies, as executrix of the estate of Christine Jacoby, brings action pursuant to Title II of the Social...
Commentary: Inside the ABLE Act of 2009.
May 1, 2009... Byline: Jeannine M. Sheehan
On Feb. 26, the Achieving a Better Life Experience Act (ABLE) of 2009 was introduced in Congress. If passed, it will amend the Internal Revenue Code of 1986 to provide for the establishment of tax-exempt ABLE...
The Daily Record News Briefs: May 1, 2009.
May 1, 2009... Byline: The Daily Record Staff
NYSBA announces 'pro bono' awards The 19 winners of the New York State Bar Association 2009 President's Pro Bono Service Awards will be honored today at the annual Law Day luncheon in Albany. NYSBA...
Law Day 2009: Rule of law, Rochester-area attorneys to be honored today.
May 1, 2009... Byline: Elizabeth Stull
Three Rochester-area attorneys will receive individual honors at today's Law Day luncheon for their contributions to the profession and the community. Three others will be honored by Volunteer Legal Services Project...
Salvatore Fantauzzo buys former Rochester donut shop.
May 1, 2009... Byline: Colleen M. Farrell
As a boy, Salvatore Fantauzzo would ride his bicycle to the Donuts Delite store on Culver Road for a healthy dose of sugary goodness. The round-shaped goodies were a big draw, but so, too, was the store that...
Case Digests.
May 4, 2009... u.s. district Court, Wdny Intellectual Property Trademark Infringement Northeastern Lumber Manufacturing Association v. NLM Enterprises Inc. 08-CV-568 Judge Skretny Background: Northeastern Lumber Manufacturing Association alleges that the...
Commentary: RMD suspension: Is there much value?
May 4, 2009... Byline: David Sanza
Millions of Americans have seen the values of their retirement accounts shrink as investment markets teeter in response to the economic crisis. Especially hard hit are retirees who have taken withdrawals from their...
Commentary: Save time and money: Use technology wisely.
May 4, 2009... Byline: Nicole Black
Whenever I evangelize the importance of keeping up with technological changes, the most common response I hear from other lawyers is that they don't have enough time to sort through the ever-increasing number of...
The Daily Record News Briefs: May 4, 2009.
May 4, 2009... Byline: Daily Record Staff and Wire Reports
COA to hear its first Brownfields case A rare leave to appeal was granted in the Matter of Lighthouse Pointe Property Associates LLC v. New York State DEC, et al., CA 08-00835. The case involves a...
Rochester Neighborhood Focus: Highland Park.
May 4, 2009... Byline: Colleen M. Farrell
A bicycle ride changed Meghan Delehanty-Reddington's life. Living in the Park Avenue neighborhood, she and her boyfriend at the time, Davin Reddington, were taking a through the city. One of them got a flat, and...
Legal profession in transition.
May 4, 2009... Byline: Elizabeth Stull
Layoffs hit Nixon Peabody LLP's Rochester office in February, when the firm announced that between five and eight legal support and administrative workers would be let go. Firm-wide, 20 attorneys and 36 staff...
U.S. District Court, Western District of New York Case Summaries: May 4, 2009.(Case overview)
May 4, 2009... Byline: Daily Record Staff and Wire Reports
U.S. District Court, Western District of New York Intellectual Property Trademark Infringement Northeastern Lumber Manufacturing Association v. NLM Enterprises Inc. 08-CV-568 Judge Skretny...
Appellate Division, 4th Department Case Summaries: May 4, 2009.(Case overview)
May 4, 2009... Byline: Daily Record Staff and Wire Reports
Appellate Division, 4th Department Insurance Intentional Acts Village of Springville v. Reynolds 407 Appealed from Supreme Court, Erie County Background: In a declaratory judgment action, the...
Appellate Division, 3rd Department Case Summaries: May 4, 2009.(Case overview)
May 4, 2009... Byline: Daily Record Staff and Wire Reports
Appellate Division, 3rd Department Premises Liabilit Trip-and-Fall Hagin v. Sears, Roebuck & Co. 505895 Appealed from Supreme Court, Tompkins County Background: The appeal is from an order that...
Case Digests.
May 5, 2009... U.S. Court of Appeals for the Second Circuit Bankruptcy Pre-Petition Receiver In Re Bayou Group LLC 07-1508-bk Appealed from the Southern District of New York Background: The Bayou entities are a group of hedge funds and related entities that...
Commentary: Lenders and the delicate blue planet.
May 5, 2009... Byline: Robert L. Lowenthal
The first Earth Day occurred 39 years ago on April 22, 1970. Organizers were motivated in part by photographs of the delicate blue planet from the moon. What followed was the Nixon administration's...
Commentary: Support your town and village courts.
May 5, 2009... Byline: Hon. Robert J. Lunn
Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just. -- Blaise Pascal It's 3 a.m. and your children are safe and asleep. Who do you want...
The Daily Record News Briefs: May 5, 2009.
May 5, 2009... Byline: Daily Record Staff and Wire Reports
UB Law to give alumni awards Administrative Judge Sharon Townsend, Eighth Judicial District, will be honored along with five graduates of the University at Buffalo Law School at the 47th annual UB...
Rochester chapter of N.Y. State Society of CPA's sells kids on accounting.
May 5, 2009... Byline: Colleen M. Farrell
Forget all about the pocket protector and the nerdy glasses. The field of accounting is a lot more than crunching numbers and spending days in a cubicle some students learned last week, when several area...
Morgan named new clerk for Appellate Division, 4th Department.
May 5, 2009... Byline: Elizabeth Stull
Patricia L. Morgan on Monday was named as the new clerk of the court for the Appellate Division, Fourth Department. Morgan, who brings 19 years of experience to the post, succeeds JoAnn M. Wahl, who announced her...
Report: Capital investment suffers in 1Q.
May 5, 2009... Byline: Daily Record Staff and Wire Reports
Venture capital investment nationwide was bleak in the first quarter of 2009 -- only $3 billion was pumped into 549 deals, according to data from Thomson Reuters and PricewaterhouseCoopers latest...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: May 5, 2009.(Case overview)
May 5, 2009... Byline: Daily Record Staff and Wire Reports
U.S. Court of Appeals for the 2nd Circuit Bankruptcy Pre-Petition Receiver In Re Bayou Group LLC 07-1508-bk Appealed from the Southern District of New York Background: The Bayou entities are a...
New York State Court of Appeals Case Summaries: May 5, 2009.(Case overview)
May 5, 2009... Byline: Daily Record Staff and Wire Reports
New York State Court of Appeals Forgery People v. Mattocks No. 59 Appealed from the Appellate Division Background: The issue on appeal is whether the forgery provisions of Penal Law article 170...
Appellate Division, 4th Department Case Summaries: May 5, 2009.(Case overview)
May 5, 2009... Byline: Daily Record Staff and Wire Reports
Appellate Division, 4th Department Town Law No Contest Felony Conviction Matter of Farabell v. Town of Macedon 344 Appealed from Supreme Court, Wayne County Background: The Article 78 petition...
Case Digests.
May 6, 2009... u.s. district Court, Wdny Social Security Chambers v. Astrue 07-CV-85 Judge Telesca Background: The plaintiff, a former hospital laboratory clerk, filed an application for DIB and SSI, alleging disability since July 15, 1996 due to...
Commentary: What's really behind recovery?
May 6, 2009... Byline: Terry Diehl
Over the weekend I watched an interview with Paul Volcker, the former chairman of the Federal Reserve who served under Carter and Reagan from August 1979 to August 1987. He is now the chairman of the Economic Recovery...
The Daily Record News Briefs: May 6, 2009.
May 6, 2009... Byline: Daily Record Staff and Wire Reports
UB Law alumni hosting kick-off events The University at Buffalo Law Alumni Association has reestablished its Rochester chapter, which will host a continuing legal education program focused on...
Rochester Business Alliance: Clerical wage up, skilled trades down.
May 6, 2009... Byline: Colleen M. Farrell
Local workers are earning about the same wages as they did last year, according to the 2009 Wage and Manufacturing Survey from the Rochester Business Alliance. The survey culled information from professional,...
'Actual results may differ': Some companies skipping earnings guidance.
May 6, 2009... Byline: Elizabeth Stull
For several years public companies were reluctant not to give earnings guidance if they had done so in the past, thinking it would indicate weakness. The faltering markets of the past two quarters have made accurate...
U.S. District Court, Western District of New York Case Summaries: May 6, 2009.(Case overview)
May 6, 2009... Byline: Daily Record Staff and Wire Reports
U.S. District Court, Western District of New York Social Security Chambers v. Astrue 07-CV-85 Judge Telesca Background: The plaintiff, a former hospital laboratory clerk, filed an application for...
New York State Court of Appeals Case Summaries: May 6, 2009.(Case overview)
May 6, 2009... Byline: Daily Record Staff and Wire Reports
New York State Court of Appeals Deadlocked Jury Instructions People v. Aleman No. 69 Appealed from the Appellate Division Background: In response to a note from the deliberating jury stating that...
Appellate Division, 4th Department Case Summaries: May 6, 2009.(Case overview)
May 6, 2009... Byline: Daily Record Staff and Wire Reports
Appellate Division, 4th Department Guilty Plea Mutual Mistake People v. Gray KA 07-02654 Appealed from Supreme Court, Erie County Background: A defendant charged by indictment with a felony,...
Case Digests.
May 7, 2009... U.S. Court of Appeals for the Second Circuit Sentencing Extension -- Supervised Release U.S. v. Vargas 08-1542-cr Appealed from the Eastern District of New York Background: The defendant appeals from an order that he claims extended,...
Appellate Division, 4th Department: Voluntary resignations and decisions in disciplinary matters.
May 7, 2009... Byline: Daily Record Staff and Wire Reports
Matter of Jerry A. Session, an attorney, respondent. Grievance Committee of the Fifth Judicial District, petitioner. Order of censure entered. Per curiam opinion: The respondent was admitted to...
Commentary: Changes to power of attorney.
May 7, 2009... Byline: Heidi W. Feinberg
On Sept. 1, major changes to Article 5, Title 15 of the New York General Obligations Law, the article governing New York powers of attorney, will become effective. Chapter 644 of the Laws of 2008 amended,...
The Daily Record News Briefs: May 7, 2009.
May 7, 2009... Byline: Daily Record Staff and Wire Reports
$120M promised for Upstate development Gov. David A. Paterson on Wednesday announced the availability of $120 million in Upstate Regional Blueprint Fund grants to finance business investment,...
More affordable homes available in Rochester neighborhoods.
May 7, 2009... Byline: Colleen M. Farrell
The South Plymouth and Fulton avenue neighborhoods' new single family homes are part of a larger, ongoing revitalization in Rochester's Southwest. The $32 million project has been in the works since 2000;...
St. John Fisher College President Donald Bain pushes for law school in Rochester.
May 7, 2009... Byline: Elizabeth Stull
St. John Fisher College President Donald E. Bain on Wednesday responded to questions from a panel of attorneys about the viability of a law school in Rochester, and the health of the market for graduating JD...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: May 7, 2009.(Case overview)
May 7, 2009... Byline: Daily Record Staff and Wire Reports
U.S. Court of Appeals for the 2nd Circuit Sentencing Extension -- Supervised Release U.S. v. Vargas 08-1542-cr Appealed from the Eastern District of New York Background: The defendant appeals...
New York State Court of Appeals Case Summaries: May 7, 2009.(Case overview)
May 7, 2009... Byline: Daily Record Staff and Wire Reports
New York State Court of Appeals Evidence Criminal Propensity People v. Leeson No. 70 Appealed from the Appellate Division Background: Defendant Dale F. Leeson was indicted for committing sex...
Case Digests.
May 8, 2009... U.S. Court of Appeals for the Second Circuit Federal Jurisdiction
Durant, Nichols et al. PC v. DuPont 07-4514-cv, 07-4647-cv Appealed from the District of Connecticut Background: DuPont was of counsel to the plaintiff law firm at...
Commentary: Tax changes in New York: Much more of the same.
May 8, 2009... Byline: Edward F. Adams
As hardened as New York State taxpayers are to the realities of the budget process, many were surprised at the tax provisions included as part of the recently passed 2009-2010 state budget. Most of us are aware...
The Daily Record News Briefs: May 8, 2009.
May 8, 2009... Byline: Daily Record Staff and Wire Reports
Improving delivery of legal services The annual Equal Justice Conference, co-sponsored by the American Bar Association and the National Legal Aid & Defender Association, will be held next week in...
Proposal in New York Legislature could increase diversity of juries.
May 8, 2009... Byline: Elizabeth Stull
A Rochester woman who served 25 years in prison for a murder she didn't commit said Tuesday that she feels part of the blame falls on the all-white, all-male jury that convicted her in less than five hours on May...
8th Judicial District Administrative Judge Townsend changes roles.
May 8, 2009... Byline: Elizabeth Stull
Eighth Judicial District Administrative Judge Sharon Townsend this week was appointed to the post of vice dean for Family and Matrimonial Law of the New York State Judicial Institute. Judge Townsend will continue...
Realtors using more tools online.
May 8, 2009... Byline: Colleen M. Farrell
Open houses and home tours aren't a thing of the past, but more and more of today's real estate business is being conducted across megabytes and Web sites. How much more? According to the National Association of...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: May 8, 2009.(Case overview)
May 8, 2009... Byline: Daily Record Staff and Wire Reports
U.S. Court of Appeals for the 2nd Circuit Federal Jurisdiction Durant, Nichols et al. PC v. DuPont 07-4514-cv, 07-4647-cv Appealed from the District of Connecticut Background: DuPont was of...
U.S. District Court, Western District of New York Case Summaries: May 8, 2009.(Case overview)
May 8, 2009... Byline: Daily Record Staff and Wire Reports
U.S. District Court, Western District of New York Job Discrimination Heroux v. Ingrassio 08-CV-6412 Judge Larimer Background: The plaintiff, Bernard R. Heroux Sr., filed a pro se complaint against...
U.S. District Court, Northern District of New York Case Summaries: May 8, 2009.(Case overview)
May 8, 2009... Byline: Daily Record Staff and Wire Reports
U.S. District Court, Northern District of New York Social Security Downey v. Astrue 08-CV-1010 Judge McAvoy Background: The plaintiff seeks judicial review of a 2006 decision by the commissioner...
New York State Court of Appeals Case Summaries: May 8, 2009.(Case overview)
May 8, 2009... Byline: Daily Record Staff and Wire Reports
New York State Court of Appeals Products Liability Passante v. Agway Consumer Products Inc. No. 58 Appealed from the Appellate Division Background: Samuel Passante, an employee of Agway Consumer...
Appellate Division, 4th Department Case Summaries: May 8, 2009.(Case overview)
May 8, 2009... Byline: Daily Record Staff and Wire Reports
Appellate Division, 4th Department Estates Joint Bank Accounts Matter of the Estate of Velie 321 Appealed from Surrogate's Court, Niagara County Background: The case brings appeals, a...
The road less traveled: Jane Gabriele accepts N.Y. State Bar Assn. award for pro bono service.
May 11, 2009... Byline: Elizabeth Stull
It's been a rather unusual year for Jane Gabriele, the daughter of a Clarkson poultry farmer who accepted the New York State Bar Association President's Award for Pro Bono Service in Albany last month. In the past...
Appraisers adapting to HVCC changes.
May 11, 2009... Byline: Colleen M. Farrell
Beginning May 1, Fannie Mae and Freddie Mac began purchasing mortgages only from lenders that comply with the Home Valuation Code of Conduct. Supporters say the code's policies and procedures do much to ensure...
The Daily Record News Briefs: May 11, 2009.
May 11, 2009... Byline: Daily Record Staff and Wire Reports
Food company coming to Seneca County Gharana Industries LLC plans to spend $1.7 million and create 33 new jobs in the next two years to open a new manufacturing and distribution facility in...
Commentary: Law practice management in the cloud.
May 11, 2009... Byline: Nicole Black
Software as a service (SaaS) is defined at Oracle.com as [a] software delivery model in which a software firm provides daily technical operation, maintenance, and support for the software provided to their client. And...
Commentary: Where have all the internal auditors gone?
May 11, 2009... Byline: Gina Bliss
Now is a great time in American history to be a fraud professional. Fraud is rampant. Actually, it's been rampant for a long time, but a lot of cases are just coming to light because the economic downturn makes some...
Case Digests.
May 11, 2009... U.S. Court of Appeals for the Second Circuit Interpleader Funds
Goldberg & Connolly v. U.S. 07-3868-cv Appealed from the Eastern District of New York Background: The appeal is from an order for distribution of interpleader funds entered in...
U.S. Court of Appeals for the Second Circuit Case Summaries: May 11, 2009.(Case overview)
May 11, 2009... Byline: Daily Record Staff and Wire Reports
U.S. Court of Appeals for the Second Circuit Interpleader Funds
Goldberg & Connolly v. U.S. 07-3868-cv Appealed from the Eastern District of New York Background: The appeal is from an order...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: May 11, 2009.(Case overview)
May 11, 2009... Byline: Daily Record Staff and Wire Reports
U.S. Court of Appeals for the 2nd Circuit Interpleader Funds Goldberg & Connolly v. U.S. 07-3868-cv Appealed from the Eastern District of New York Background: The appeal is from an order for...
U.S. District Court, Northern District of New York Case Summaries: May 11, 2009.(Case overview)
May 11, 2009... Byline: Daily Record Staff and Wire Reports
U.S. District Court, Northern District of New York Job Discrimination Disability Picinich v. United Parcel Service 01-CV-1868 Judge McCurn Background: Plaintiff Richard M. Picinich, commenced...
New York State Court of Appeals Case Summaries: May 11, 2009.(Case overview)
May 11, 2009... Byline: Daily Record Staff and Wire Reports
New York State Court of Appeals Appellate Jurisdiction People v. Sevencan Appealed from the Appellate Division Background: The defendant here seeks leave to appeal an Appellate Division...
Case Digests.
May 12, 2009... U.S. Court of Appeals for the Second Circuit Money Laundering Concealment U.S. v. Ness 05-4401-cr On remand from the U.S. Supreme Court Background: Samuel Ness was convicted, after a jury trial, of one count of conspiring to commit three...
Commentary: Pitfalls of simultaneous mortgages.
May 12, 2009... Byline: Michael A. Fame
Although the boom of simultaneous first and second mortgages given at the time of a home purchase seems to have passed, the legacy lives on in the current era of ever-increasing home foreclosures. The use of...
Commentary: Superfunds a little less super.
May 12, 2009... Byline: Ronald G. Hull
Congress passed the Comprehensive Environmental Response, Compensation and Liability Act -- commonly known by its acronym CERCLA, or even more widely as Superfund -- in 1980. Soon after enactment, CERCLA began to...
The Daily Record News Briefs: May 12, 2009.
May 12, 2009... Byline: Daily Record Staff and Wire Reports
Ren Square solicits MWBEs and DBEs Renaissance Square project backers are planning workshops for certified Minority/Women Business Enterprises (MWBEs) or Disadvantaged Business Enterprises (DBEs)....
Hochul faces little opposition for appointment as U.S. Attorney for Western District of N.Y.
May 12, 2009... Byline: Elizabeth Stull
If all goes smoothly, U.S. Sen. Charles Schumer's recommendation for U.S. Attorney of the Western District of New York could be confirmed by July, or even sooner, according to the acting U.S. Attorney Kathleen...
City of Rochester seeks additional spending input.
May 12, 2009... Byline: Colleen M. Farrell
While plans have been in the works since April for ways to spend about $15 million in federal funding, an unplanned $483,257 also is on its way, and city officials are continuing to solicit input on its use. The...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: May 12, 2009.(Case overview)
May 12, 2009... Byline: Daily Record Staff and Wire Reports
U.S. Court of Appeals for the 2nd Circuit Money Laundering Concealment U.S. v. Ness 05-4401-cr On remand from the U.S. Supreme Court Background: Samuel Ness was convicted, after a jury trial, of...
New York State Court of Appeals Case Summaries: May 12, 2009.(Case overview)
May 12, 2009... Byline: Daily Record Staff and Wire Reports
New York State Court of Appeals Class Actions Post-Judgment Discovery --Absent Class Member Wyly v. Milberg Weiss Bershad & Schulman LLP No. 62 Appealed from the Appellate Division Background:...
Appellate Division, 3rd Department Case Summaries: May 12, 2009.(Case overview)
May 12, 2009... Byline: Daily Record Staff and Wire Reports
Appellate Division, 3rd Department Workers' Compensation Lynch v. Buffalo Bills Inc. 505606 Appealed from the Workers' Compensation Board Background: The claimant, a former professional football...
Rochester: Tree City.
May 12, 2009... Byline: Daily Record Staff Report
The City of Rochester's Forestry Division is in the middle of its annual spring tree-planting season, and could plant about 500 trees comprising 22 species by the end of June. Rochester's urban forest...
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U.S. Supreme Court Justice Souter leaving large shoes.
May 13, 2009... Byline: Elizabeth Stull
U.S. Supreme Court Justice David Souter is, by all accounts, a quiet, private man who leaves a quiet legacy of independent thought and carefully reasoned decision making. And Constitutional law experts in Rochester...
Ren Square battle (finally) heating up: Rochester mayor takes hard stance, just in time for election.
May 13, 2009... Byline: Colleen M. Farrell
While the region's two highest public officials squabble over what could end up being the region's most expensive public works project, Renaissance Square backers say it is moving ahead. In consecutive press...
The Daily Record News Briefs: May 13, 2009.
May 13, 2009... Byline: Daily Record Staff and Wire Reports
Nothnagle launches insurance agency One of the region's largest real estate providers this week announced the formation of an insurance agency. Nothnagle Realtors launched Nothnagle Insurance in...
Commentary: Learn from our mistakes.
May 13, 2009... Byline: Scott Forsyth
Some conservatives are critcial of President Obama's April release of four memorandums authorizing the use of harsh interrogation techniques by the CIA and the military. Critics should keep in mind, however, that...
Commentary: Prudence over panic: Stay the course.
May 13, 2009... Byline: Marijoyce Ryan
Many investors have not weathered the financial markets' downturn very well. Too many went into it overly aggressive and many others, in a state of panic, capitulated after they already had significant losses....
Case Digests.
May 13, 2009... U.S. Court of Appeals for the Second Circuit Bankruptcy ERISA Plan Contributions In Re Halpin 07-3206-bk Appealed from the Northern District of New York Background: The appeal is from a district court order holding that because the debtor's...
U.S. Court of Appeals for the 2nd Circuit Case Summaries: May 13, 2009.(Case overview)
May 13, 2009... Byline: Daily Record Staff and Wire Reports
U.S. Court of Appeals for the 2nd Circuit Bankruptcy ERISA Plan Contributions In Re Halpin 07-3206-bk Appealed from the Northern District of New York Background: The appeal is from a district...
U.S. District Court, Western District of New York Case Summaries: May 13, 2009.(Case overview)
May 13, 2009... Byline: Daily Record Staff and Wire Reports
U.S. District Court, Western District of New York Social Security Wynn v. Astrue 08-CV-6342 Judge Larimer Background: The plaintiff's claim for disability benefits was denied and she seeks...
U.S. District Court, Northern District of New York Case Summaries: May 13, 2009.(Case overview)
May 13, 2009... Byline: Daily Record Staff and Wire Reports
U.S. District Court, Northern District of New York Judicial Recusal Leader v. Onondaga County 09-CV-493 Judge Mordue Background: The plaintiff brought suit against Onondaga County, the Onondaga...
Appellate Division, 3rd Department Case Summaries: May 13, 2009.(Case overview)
May 13, 2009... Byline: Daily Record Staff and Wire Reports
Appellate Division, 3rd Department Custody Matter of Calandresa v. Calandresa 505123 Appealed from Family Court, Otsego County Background: The appeal is from an order that granted the father's...
Ethics evolving with technology.
May 14, 2009... Byline: Elizabeth Stull
A recent ethics opinion from the Philadelphia Bar Association Professional Guidance Committee holds that a lawyer can't use a third party to friend an adverse witness in an attempt to find possibly impeaching...