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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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
One Overlooked Element of Executive Safety: Data Privacy
Executives have access to some of the company's most sensitive information, and they're increasingly being targeted by hackers looking to steal company secrets or to perpetrate cybercrimes.