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Government Secret Recording of Interviews Rarely In Best Interests of Witness
We've always recognized the odiousness of one party surreptitiously recording a conversation. Even though perfectly legal in some states, it may be unethical for an attorney to record. I have always told my professional responsibility students that if it got around that you had secretly recorded just one conversation, even if for good reason, you wouldn't be trusted by anyone to not have the "juke box" turned on when they spoke to you.
I must admit, as a prosecutor in the good old days when entrance security at government buildings wasn't very robust especially in detecting recording devices, we were constantly on guard lest the "bad guys" or their sometimes sleazy lawyers memorialize some silly remark by a prosecutor or agent that they could eventually use to undermine a prosecution.
So, what's this all about? I employ this platform to alert the local criminal bar to something worth considering. I have represented a former official in a corruption investigation underway in another federal jurisdiction. Requesting an interview of my client, the prosecutors and FBI tell me that my client is simply a witness. All good. Since, notwithstanding COVID-19, they probably could successfully subpoena him to a grand jury, out of good citizenship along with nothing to hide we agree to an interview to be conducted by Teams, Zoom, Webex. Whatever.
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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.
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.
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