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Mining Social Media Gold
The widespread use of social media has made it easier to gather evidence for many types of litigation, and the matrimonial field is no exception. The American Academy of Matrimonial Lawyers reported in 2010 that 81% of the top U.S. divorce attorneys it surveyed noted an increase in the use of evidence gathered from social networks, with Facebook being the most commonly cited source of valuable evidence. See “Big Surge in Social Networking Evidence Says Survey of Nation's Top Divorce Lawyers,” www.aaml.org/about-the-academy/press/press-releases/e-discovery/big-surge-social-networking-evidence-says-survey- (last accessed 4/25/11).
The value to litigants of checking an adverse party's social networking communications cannot be overlooked. Evidence found there may be admissible at trial, or may lead to admissible evidence. Lawyers, private investigators and litigants themselves may access others' social networking data under certain circumstances, but limitations apply. If information is going to be obtained from public and semi-private social media, counsel must make sure that it is gathered in a lawful and ethical manner.
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.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.