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The Forgotten e-Mail Account
As many matrimonial law practitioners know, New York's laws concerning eavesdropping and the admissibility of evidence obtained while doing so often keep very relevant information out of the courtroom. Civil Practice Law and Rules (CPLR) ' 4506 provides that evidence obtained through the commission of criminal eavesdropping, as defined by Penal Law ' 250.05, is inadmissible in both civil and criminal cases. Penal Law ' 250.00 holds that a person is guilty of eavesdropping when he or she unlawfully engages in wiretapping or the mechanical overhearing of a conversation. The exception is when the person authorizing the use by the court of the recorded discussion was one of the participants in the conversation. Berk v. Berk, 70 AD 2d 943 (2d Dept 1979) (tapes of conversations may be accepted as
evidence if proof of consent of at least one party to the conversations is put into evidence).
It might seem intuitive then that a similar rule would apply to records of e-mail correspondence: If one party to the correspondence agreed to have it submitted to the court, it would be admissible, but the correspondence could not be used as evidence if neither of the people involved consented. However, according to one judge in Kings County, such permission is not needed, because e-mailed discussions, which can be saved for years, are not necessarily in transit when discovered. Thus, according to a strict interpretation of New York law, they also do not necessarily enjoy the same privacy protections that telephonic or otherwise spoken conversations do.
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.
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.
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.
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.
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.