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DOJ Requests to Stay Civil Discovery: Recent Trends
Most of us have experienced at one time or another the long arm of the Department of Justice reaching into a civil action, whether it be an SEC proceeding, a class or derivative action or a contract dispute, to intervene and stay discovery in favor of a pending criminal investigation or proceeding. And, far more often than not, the federal government's request is granted. However, courts on both coasts in the past year have shown that they are willing to scrutinize carefully government assertions of prejudice and potential witness tampering and defendants' claims of hardship and prejudice. In several instances, they have denied intervention and/or discovery stays.
Traditional Analysis of Government Stay Requests
In determining whether a stay of civil proceedings is justified in deference to a related criminal proceeding (investigation or trial), federal courts have identified a variety of factors. A classic explication of these standards was provided by Ninth Circuit:
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.