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<i>E-Discovery:</i> Streamlining the Admissibility of ESI: Amendments to Federal Rule of Evidence 902
Generally speaking, the Federal Rules of Evidence require evidence to be authenticated before it can be admitted. Typically evidence is authenticated by some form of extrinsic proof sufficient to support a finding that the evidence is what the proponent claims it is. Often that proof comes in the form of a witness who can verify the evidence through testimony.
Federal Rule of Evidence 902 sets out various types of evidence that are “self-authenticating” — evidence that needs no extrinsic proof of authenticity to be admitted. Examples of self-authenticating evidence include: public documents and records that are sealed, signed or otherwise certified; official publications; newspapers and periodicals; and certain types of certified business records.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.