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Computer Forensics Docket Sheet
Appellate Court Upholds Lower Court's Spoliation of e-Evidence Rulings
The defendants appealed an $11 million jury verdict in a personal-injury lawsuit involving an automobile accident. Specifically, the defendants argued that the trial court erred by barring evidence relating to the plaintiff's intentional spoliation of electronic evidence. The defendants also contended that the court should have granted a mistrial or dismissed the case with prejudice instead of granting a spoliation adverse-inference instruction. Upon examining the plaintiff's computer, the defendants' computer-forensics expert discovered evidence of child pornography, illegal downloads of intellectual property and evidence that a software-wiping program had been used in an attempt to permanently delete data from the computer's hard drive. The trial court refused to admit the evidence on the grounds that it was more prejudicial than probative. The trial court further concluded that an adverse-inference instruction was an appropriate spoliation sanction in light of the circumstances. On appeal, the appellate court determined that the trial court properly issued the adverse-inference instruction and concluded that intentional spoliation did not create “a presumption that a dismissal with prejudice of the spoiling party's claims is the best and fairest sanction.” The appellate court also found that the spoliation evidence was appropriately excluded as “some of the information was character assassination and was more prejudicial than probative.” Foust v. McFarland, 698 N.W.2d 24 (Minn. Ct. App. 2005).
Appellate Court Upholds Admission of Evidence on Defendant's Laptop
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.