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August, 23, 2010 - News
SF&S wins sanctions against SanDisk Corporation for destruction of evidence.
The United States District Court for the Southern District of New York (Pauley, J.) held that SanDisk Corporation had destroyed "potentially powerful evidence" and that SanDisk's expertise in the field of data storage exacerbated its spoliation.
February 2010 - News
International Who's Who of Business Crime Defence Lawyers 2010 Names Three Members of the Firm.
Charles A. Stillman, Paul Shechtman, and Marjorie J. Peerce have been designated by their peers as leaders in their respective fields, according to the 2010 edition of The International Who's Who of Business Crime Defence Lawyers.
February 2010 - Publications
Marjorie J. Peerce and Daniel V. Shapiro, The Increasing Privacy Expectations in Employees' Personal Email, 13 No. 8 Journal of Internet Law 1 (February 2010).
Marjorie J. Peerce and Daniel V. Shapiro write: "[U]se of both work email and personal Web-based email, all while on company equipment, has raised complex questions regarding privacy expectations in the changing workplace."
February 2010 - Publications
Marjorie J. Peerce and Elizabeth S. Weinstein, Confronting the Forensic Facts, Law Journal Newsletters.
Marjorie J. Peerce and Elizabeth S. Weinstein write: "Most matters involving white-collar investigations and prosecutions do not result in trials, so evidentiary issues are not frequently discussed in articles on business crime. A new focus on evidentiary issues, however, is warranted in light of a pair of recent Supreme Court cases built upon the Sixth Amendment's Confrontation Clause."
January 11, 2010 - Publications
Paul Shechtman, "'People v. Brown': One Expert Is Enough," New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: "This past November, the New York Court of Appeals decided People v. Brown, a decision of considerable importance for sex crime prosecutions in our state."
November, 3, 2009 - Publications
Paul Shechtman, "Revisiting 'Bruton' Issue on Confessions and Limiting Instructions," New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: "In United States v. Jass, decided this past June, the U.S. Court of Appeals for the Second Circuit revisited the issue of whether admitting a co-defendant's confession in which references to the defendant have been replaced by the words "another person" violates the defendant's Confrontation Clause rights."
August, 31, 2009 - Publications
Paul Shechtman, "Not Many Fireworks During a Workmanlike Term," New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: "With the meaning of 'depraved indifference' resolved and no Crawford decision on the docket for the first time in recent years, the 2008-2009 term of the New York Court of Appeals was short on fireworks. Only one case, People v. Weaver, attracted the interest of the mainstream media."
June, 24, 2009 - Publications
Paul Shechtman, "Gary Cone and the Death Penalty," New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: It has been 27 years since Gary Cone was sentenced to death for murdering an elderly couple. In those years, Cone's case has been heard by the U.S. Supreme Court three times. Although one might think that nearly three decades of litigation is enough, Cone III guarantees yet further proceedings in a case that speaks loudly (and poorly) about our criminal justice system.
June, 18, 2009 - Publications
Paul Shechtman, "People v. Giles Presents Distinct Evidentiary Issues," New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: An evidence professor searching for an exam question this year need look no further than the recent New York State Court of Appeals decision in People v. Giles.
June 2009 - Publications
Marjorie J. Peerce and Daniel V. Shapiro, Look, But Don't Log-in: Personal Web-Based Accounts in Internal Investigations, Law Journal Newsletters.
Marjorie J. Peerce and Daniel V. Shapiro, write: You are in-house counsel at a public company and you suspect an employee may be leaking inside information. You decide to conduct an internal investigation. A computer forensic analysis reveals that the employee has accessed a personal Web-based e-mail account from a company computer and that the login information (username and password) has been recovered from the computer's memory. Can you log in to that account and read the e-mail?
September, 19, 2008 - Publications
Paul Shechtman, "Wexler Less Than Faithful to High Court's Williamson," New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: United States v. Wexler, which the U.S. Court of Appeals for the Second Circuit decided this past April, demonstrates how a Court of Appeals can limit the reach of a Supreme Court precedent with which it disagrees.
May, 22, 2008 - Publications
Paul Shechtman, "Shellef: Rules 8(a) and 8(b) and Joinders of Counts," New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: The recent decision of the U.S. Court of Appeals for the Second Circuit in United States v. Shellef raises a question that should have an easy answer: "whether Rule 8(a) or Rule 8(b) applies when a defendant in a multidefendant, multicount prosecution . . . challenges the joinder of a count in which he is the only defendant charged."
October 2004 - Publications
Nathaniel Z. Marmur, co-author, Federal Sentencing During the Interregnum: Defense Practice as the Blakely Dust Settles, 17.1 Federal Sentencing Reporter 51
Nathaniel Z. Marmur, a partner at Stillman, Friedman & Shechtman, writes: "Although the long term impact of Blakely v. Washington is not yet clear, no one can doubt that the case raises a host of immediate, significant and perplexing practical questions for federal criminal defense attorneys."
July 19th, 2004 - Publications
Paul Shechtman and Nathaniel Z. Marmur, Federal Sentencing After 'Blakely,' New York Law Journal.
May 6th, 2004 - Publications
Nathaniel Z. Marmur, Outside Counsel: High Court Considers ‘Blakely’ in Light of ‘Apprendi’ and ‘Ring,’ New York Law Journal.
Nathaniel Marmur, a partner at Stillman, Friedman & Schectman, reviews the oral argument from Blakely v. Washington, a challenge to Washington state's sentencing scheme that has potential far-reaching implications for the U.S. Sentencing Guidelines.
February 2nd, 2004 - Publications
Paul Shechtman, Outside Counsel: ‘Crawford’ and Confrontation Clause Jurisprudence, New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, discusses Crawford v. Washington, a case in which the petitioner has asked the Court to reconsider its established Confrontation Clause jurisprudence.
September 2nd, 2003 - Publications
Paul Shechtman, No Fireworks But Noteworthy Precedents Set, New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: "The 2002-2003 term of the New York Court of Appeals in criminal law produced no fireworks but several noteworthy precedents."
June 24th, 2003 - Publications
Paul Shechtman and Nathaniel Z. Marmur, Outside Counsel: Retroactive Application of the PROTECT Act, New York Law Journal.
Paul Shechtman and Nathaniel Marmur, both partners at Stillman, Friedman & Shechtman, write: "Earlier this month, in United States v. Smith, the U.S. Court of Appeals for the Second Circuit declined to decide whether "the recently enacted PROTECT Act ... diminishing a district court's discretion to depart from the applicable sentencing guidelines range" may be applied retroactively."
2003 - Publications
Charles A. Stillman, Julian W. Friedman and Nathaniel Z. Marmur, Securities Fraud (chapter) in White Collar Crime.
2003 - Publications
Tony Garoppolo, The Sentencing Reform Act: A Guide for Defense Counsel (Third edition, 2003) (Marjorie J. Peerce, Karin Klapper, Gates Garrity-Rokous editors).
October 7th, 2002 - Publications
Paul Shechtman, First Appeal of Death Sentence Heard, New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: "The 2001-2002 Court of Appeals term may best be remembered in criminal law for the decision in People v. Harris, which presented the first full appeal of a death sentence under New York's 1995 death penalty statute."
August 29th, 2002 - Publications
Paul Shechtman, Outside Counsel: Two Court of Appeals Rulings Redefine the Role of Trial Judge, New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes about two recent decisions by the New York Court of Appeals: People v. Arnold and People v. Whipple.
January, 30, 2002 - Publications
Erik M. Zissu, “What Hath Captain Cook Wrought?: Bloodlines, the Fifteenth Amendment, and Racial Democracy in the Pacific,” 63 U. Pitt. L. Rev. 677 (2002)
November 14th, 2001 - Publications
Paul Shechtman and Nathaniel Z. Marmur, Outside Counsel: New Sentencing Rules Affect Money Laundering, New York Law Journal
Paul Shechtman and Nathaniel Marmur, both partners at Stillman, Friedman & Shechtman, write: "The United States Sentencing Commission has passed amendments to the money laundering guidelines, which became effective Nov. 1, 2001. This article reviews the amendments and highlights legal issues that are likely to arise under them."
October 1st, 2001 - Publications
Paul Shechtman, Court of Appeals, Criminal Practice: Watchwords Still Cautious, Centrist, Collegial, New York Law Journal.
Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School, writes: "With the elevation of Judge Victoria A. Graffeo, three of the seven members of the New York Court of Appeals are now appointees of Governor George Pataki. Judge Graffeo's arrival, however, did not alter the approach to criminal law that has characterized the Court's work in recent years. Once again, the watchwords were these: cautious, centrist and remarkably collegial."
August 7th, 2001 - Publications
Paul Shechtman, The Lawyer’s Bookshelf: Fingerprints: The Origins of Crime Detection, New York Law Journal.
May 3rd, 2001 - Publications
Paul Shechtman and Nathaniel Z. Marmur, Outside Counsel: Separating Fraud from Tax Evasion in ‘Fitzgerald’, New York Law Journal.
October 2nd, 2000 - Publications
Paul Shechtman, Court of Appeals, The Year in Review (Criminal Practice): Docket Shrinking, Dissents Are Few, New York Law Journal.
March, 2, 2000 - Publications
Paul Shechtman, Outside Counsel: The ABCs of Bank Fraud in The Second Circuit, New York Law Journal.
December 10th, 1999 - Publications
Paul Shechtman, Outside Counsel: The Grouping of Offenses Under Federal Sentencing Guidelines, New York Law Journal.
October 4th, 1999 - Publications
Paul Shechtman, Court of Appeals, The Year In Review (Criminal Law And Procedure): Term Marked by Lack of Ideological Bias, New York Law Journal.
September, 19, 1999 - Publications
Carolyn Barth, “Aggravated Assaults with Chairs versus Guns: Impermissible Applied Double Counting Under the Sentencing Guidelines” 99 Mich. L. Rev. 183.
June 1999 - Publications
Julian W. Friedman and Jody L. King, Lawyers in the Regulatory Context, Practicing Law Institute’s Legal Malpractice: Techniques to Avoid Liability.
1999 - Publications
Paul Shechtman and Nathaniel Z. Marmur, Government Lawyer Confidentiality After Lindsey, 1 Government, Law & Policy Journal 30.
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