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Business Crimes Hotline
Question on Appeal: Can Federal Prosecutors Reach Electronic Communications Abroad?
Microsoft is pushing back against the federal prosecutors who were given the green light by a Magistrate Judge to compel the company to turn over e-mail communications cached in Ireland in connection with one of their investigations. Microsoft claims the warrant, issued under the Electronic Communications Privacy Act (ECPA), is illegal because it seeks information from a foreign location that would not be directly reachable by a U.S. court. In its appellate brief to a New York federal district court, Microsoft asserts, “[T]he Government cannot conscript Microsoft to do what it has no authority itself to do ' i.e., execute a warranted search abroad.” The company added that if the warrant is upheld, it will “violate international law and treaties, and reduce the privacy protection of everyone on the planet,” and that nothing in the ECPA indicates that Congress had “any such intent” in enacting the law.
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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
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."