In Diaz v. United States, 144 S.Ct. 1727 (2024), a divided court held that expert testimony in a criminal case, as to whether “most people” in the defendant’s position have a particular mental state, does not run afoul of Federal Rule of Evidence 704(b)’s prohibition against expert opinion evidence about whether a criminal defendant had or lacked the mental state required for conviction. Particularly in white-collar cases, where the defendant’s intent is often the central disputed issue, the implications of Diaz may be far-reaching.
This presentation will explore the background and contours of Rule 704(b), examine Diaz and other decisions relevant to the Rule, and consider defense strategies in a post-Diaz landscape.
MODERATED-This CLE will discuss the critical issues relating to the use of social media and legal et...
For decades, the Rule of Two in government contracting required federal agencies to set aside contra...
MODERATED - Session 2 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for ove...
Part 1 of 2 - Lawyers at all levels of experience and even sophisticated law firms and general couns...
MODERATED-Attorneys may offer a crucial role in discussing advance (end of life) care planning optio...
Cellphones represent one of the fastest-changing areas of legal practice. Mobile device evidence is ...
MODERATED-Part 1 of 2 - In this presentation, I will discuss strategies for cross-examining expert w...
Scam typologies help legal professionals by providing a framework to understand, identify, and preve...
MODERATED - Session 1 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for ove...
We are at that time again. Resolution time. Or maybe they’re already nothing more than another...