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  • Patent Law and Practice

    Check out Julie Blackman’s fascinating interview of Robert J. Goldman, prominent patent attorney and author of Schwartz’s Patent Law and Practice.

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  • The Importance Of Judicial Temperament

    President Obama’s recent search for a Supreme Court nominee has served to underline something every trial lawyer already knows:  Judicial temperament is important.  President Obama described Judge Merrick Garland as “a thoughtful, fair-minded judge who follows the law,” who has “shown a rare ability to…persuade colleagues with wide-ranging judicial philosophies to sign on to his opinions” because of his “fundamental temperament—his insistence that all views deserve a respectful hearing.” (As quoted in Jeffrey Rosen’s March 17, 2016 article in The Atlantic, “The Nomination of Merrick Garland Is A Victory...

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  • Jurors Tweeting During Trial

    The Interesting Problem Of Jurors Who Acknowledge Hearing The Judge’s Instruction To Stay Off the Internet But Who Do It Anyway (And Don’t Seem To Realize They Are Doing Anything Wrong)

    The judge called the juror who had been tweeting about her boredom with the jury selection process into the courtroom.  As a part of the work DOAR offers to trial attorneys, we conduct internet searches on prospective jurors (something the NYC Bar Association describes as required practice).  And, we also note Internet activity by those prospective...

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  • On June 30, 2014, in a 118 page opinion, Judge Paul Gardephe of the SDNY overturned the 2013 conspiracy to kidnap conviction of Gilberto Valle, the so-called “cannibal cop.”  Valle’s Internet postings, while abhorrent, existed only in the virtual world of the Internet.  Joseph DeMarco, an internet lawyer, contrasted the virtual world with the “kinetic world,” and observed that Judge Gardephe saw a relative lack of corroborative evidence from the kinetic world for Valle’s virtual communications.  Julia Gatto, Valle’s attorney said, “He is guilty of nothing more...

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