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Defendants' Pretrial Access to Documents in White-Collar Prosecutions
Accused of withholding a DNA report favorable to the defendants in the Duke lacrosse case, Durham, NC, District Attorney Mike Nifong reached for an argument familiar to defense attorneys: Even if he didn't produce a report identifying exculpatory DNA results, he did produce documents containing those results ' among over a 1,000 pages of related documents produced before trial. Of course, the North Carolina Bar found that Nifong did more than simply bury favorable evidence in a document production. Assume, however, that he had produced exculpatory DNA results, and even a report explaining them, in thousands of pages of documents, but defense counsel didn't find them. Did he satisfy his disclosure obligations?
No, according to at least some decisions. Indeed, courts have long held that the government cannot satisfy its discovery obligations by merely turning over mountains of documents. See, e.g., U.S. v. Bortnovsky, 820 F.2d 572 (2d Cir. 1987); U.S. v. Poindexter, 727 F. Supp. 1470 (D.D.C. 1989). Nevertheless, the 'document dump' has become only more common, especially in complex white-collar criminal cases. And defense attorneys in those cases would be lucky to get only a few thousand pages; they often face millions. Even if the documents are electronically searchable, most defendants lack the money and time before trial for their attorneys to review them.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.