Lawyers, Jurors and Social Media: Let’s Not Be Friends (New York City Bar Association Opinion)

The New York City Bar Association, within a recent ethics opinion, addressed the issue of whether an attorney is permitted to access social media websites to investigate the backgrounds of potential jurors and to monitor jurors’ activities during a trial.  In seeking to balance an attorney’s interest to conduct juror background research with the ethical prohibition against ex parte communication between lawyer and juror, the opinion strikes a reasonable compromise that satisfies both competing interests, yet takes into account the realities of today’s wired world. The issue had been previously addressed in 2011 by the New York County Lawyers’ Association (pdf

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Peter Fazio Accepted to International Association of Defense Counsel

June 2012 – Mr. Fazio has been accepted into the International Association of Defense Counsel (IADC) – an invitation only, peer reviewed organization with less than 2,500 members worldwide. It is comprised of senior/general counsel to Fortune 500 corporations, corporate and insurance executives and corporate and litigation defense attorneys from a select group of firms. Members represent some of the largest corporations around the world, including the majority of companies listed in the Fortune 500.  

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Barry Schreiber Achieves Defense Verdict in Kings County (ER Care)

June 2012 – Mr. Schreiber achieved a defense verdict in a wrongful death matter venued in Kings County. This case involved a 22-year-old who took over-the-counter stimulants in order to study for a college exam and was found non-responsive the next morning at which time she was taken to co-defendant hospital. Mr. Schreiber represented the ER attending, who it was alleged improperly medicated the decedent with excessive sedatives causing her to go into respiratory depression, causing hypoxia, cerebral swelling and herniation resulting in death a few days later. The defense was that the medication and dosages administered were proper, the

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Robert S. Deutsch Obtains Defense Verdict in New York County in 30 Minutes (Failure to Diagnose Nerve Transection/Entrapment)

June 2012 – The plaintiff claimed that the defendant physician failed to diagnose and timely treat plaintiff’s peroneal nerve transection/entrapment after he suffered a serious knee injury in June 2003. Plaintiff alleged that the defendant physician should have performed a peroneal nerve exploration at the same time that a non-party orthopedic surgeon performed a knee reconstruction surgery on August 26, 2003; the peroneal nerve exploration and decompression not occurring until January 12, 2004. Plaintiff claimed that this ‘delay’ caused the plaintiff permanent injuries, including permanent right foot drop, difficulty walking and inability to continue working as an iron worker. After

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Dan Nessim Achieves Defense Verdict in Bronx County (Failure to Diagnose Gastric Adenocarcinoma)

June 2012 – Mr. Nessim was successful in obtaining a defense verdict in Bronx County in a lawsuit alleging wrongful death as a result of an alleged failure to diagnose gastric adenocarcinoma. He represented the radiologist who interpreted an upper GI series as being consistent with a duodenal ulcer, duodenitis and calcification in the abdomen, which was reported to the internist; the referring internist was represented by separate counsel. After a several week trial, a defense verdict was rendered as to all defendants.

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