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What is a Litigation Control Group? Who are Eligible to be Members? How Does One Confirm the Participants?
A. Assessing the Structure of the Entity and Who the Attorney Represents When an attorney is brought into a potential investigation, regulatory, employment or litigation, or other legal advice matter that will involve issues subject to the Attorney Client and Work Product Privileges counsel should first identify and confirm the nature of the entity, the …
Digital Communications and Social Media Posts – A Fertile Source of Evidence in Criminal, Family Law, and Civil Litigation
Our courts have established how social media postings, including Texts, Twitter, Facebook, and other social media postings may be authenticated for admissibility in court. Authenticating such evidence is “flexible” and only requires a prima facie showing for authentication. New Jersey Courts are given “considerable latitude” in admitting digital communications and social media at time of trial. …
Is it Time to Reign in the Heavy Hand of the New Jersey Division of Child Protection and Permanency? (DCPP Formerly Known as DYFS)
Society’s interest in the protection of children is a significant and legitimate interest of the State. That interest still must be balanced with the constitutional rights of those being investigated by child welfare agencies. The Division of Child Protection and Permanency (DCPP), formerly known as the Division of Youth and Family Services (DYFS) has been …
Access to Computers and Social Media as a Constitutional Right
The internet and social media have become primary engines of First Amendment speech, economic activity, and maintaining social and family relationships. Well before COVID-19 and the practice of physical “social distancing,” American courts acknowledged the increasing importance of access to a computer/smart device and the internet in everyday life. There is a “new normal” that …
Municipal Liability – When are Supervisors Liable for the Actions of Subordinates in Federal Civil Rights and Police Liability Cases?
By Eric Marcy, Esq. In Federal civil rights actions under 42 U.S.C. § 1983, supervisors are frequently named as defendants, even in circumstances were the supervisor was not directly involved or did not even have knowledge of the actions of the subordinate that gave rise to the claimed deprivation of civil rights. Shift Commanders, …
Texts, Emails, and Social Media Posts – The Admissibility of Digital Communications and Social Media Posts in the Courtroom
What to Know about Digital Messaging, Social Media, Investigations, and Litigation Whether the matter is a criminal investigation, criminal prosecution, civil action, and/or family law case, digital communications, texts, emails, and social media posts are fertile and increasingly common sources of evidence in investigations and litigation. Digital communications such as texts, emails, and social media …
Is Big Brother Watching You? What Your Smart Phone May Reveal About Your Activities
In 2021, Pew Research Center conducted a survey that indicated that 85% of United States adults own a smartphone. Because of exponentially increasing technology, a digital footprint is often left without a smartphone user’s knowledge or consent. As the world enters an Orwellian age where businesses track likes, comments, and Google-search history to better tailor …
Challenging Privilege Assertions
The Use and Abuse of Privilege in Class Action and Complex Litigation By Eric Marcy, Esq. Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document discovery base are materials involving in-house counsel …
Time to Apply for Release from Megan’s Law Registration and Community Supervision/Parole Supervision for Life?
By Eric Marcy, Esq. Megan’s Law has now been in effect since 1994. While the foremost purpose of Megan’s Law is the protection of the community, the legislature provided a mechanism for those subject to the law to seek relief from the court of the very onerous conditions that Megan’s Law places on those convicted …
Time to Get Off of Megan’s Law – When Megan’s Law Notification and Parole Supervision for Life Becomes Counterproductive to Rehabilitation
By Eric Marcy, Esq. Any person who is subject to the notification requirements of Megan’s Law and is subject to Parole Supervision for Life and/or Community Supervision for Life can tell you how difficult life becomes. It prevents or makes it very difficult to obtain employment or to obtain good employment. It interferes with developing …
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