In his Evidence column, Michael J. Hutter, a professor at Albany Law School and special counsel to Powers & Santola, writes that recently, in a thoughtful opinion authored by Justice Peter Skelos, the ...

The distinction between what is fact and what is opinion is arguably one of the most fundamental distinctions in law. But in practice, it is actually a lawyer’s distinction. In the real world, and in ...

Corporate defendants are frequently faced with a quandary—is the company’s highly sophisticated professional employee simply a fact witness or does their anticipated testimony propel them into the ...