This article addresses the four major evidentiary hurdles ' relevance, authentication, hearsay, and best evidence ' that must be overcome to admit Facebook posts claimed to be posted by the owner, whether it be the profile page, or a posted message, photograph or video, when offered against the claimed owner.
- May 01, 2016Michael J. Hutter
Federal Circuit Affirms District Court Decision Finding Claim Covering Method for Gene Detection Is Directed to Unpatentable Subject Matter
Federal Circuit: Estoppel Provision Does Not Apply To Any Grounds Raised in a Petition for IPR Where Such Grounds Are Denied and the IPR Has Proceeded To a Final Written DecisionMay 01, 2016Jeffrey S. Ginsberg and Zhiqiang LiuPuerto Rican reggaeton megastar Daddy Yankee, whose hits include "Gasolina" and "Limbo," owes a $2.2 million judgment to a concert promoter who sued him and his booking agent in 2011. Attorneys for promoter Diego Hernan de Iraola have been trying to enforce the federal district court judgment against Daddy Yankee, by garnishing the singer's accounts in Miami, FL, and Puerto Rico. Now that Daddy Yankee has come up in news reports from the document leak at the Panamanian law firm Mossack Fonseca, de Iraola's legal team has new leads on accounts with companies linked to Ayala Rodriguez.
May 01, 2016Monika Gonzalez MesaSecurity is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
May 01, 2016Joe KellyThis article is Part Two of a two-part series. Part One appeared in the April issue of Entertainment Law & Finance. Part Two starts with a continuation of the author's discussion of First Amendment defenses to right of publicity claims.
May 01, 2016Schuyler M. MooreBy using various insurance products now available in the market, many project finance developers have been able to change previously sub'investment-grade risks into more highly rated transactions, thus opening them up to classes of lenders that otherwise would not be able to provide the debt for such transactions.
April 01, 2016Howard K. WeberIn a copyright battle stemming from a Hollywood production company's attempt to revive the "Buck Rogers" science-fiction franchise, a federal judge in Pennsylvania declined to rule on whether the sci-fi hero's universe is public domain.
April 01, 2016P.J. D'AnnunzioThere has been a great deal of media attention the past several years about the JOBS Act. It has various components that do various things. The aspect of the JOBS Act that has the potential to touch the largest number of Americans is Title III (Crowdfunding).
April 01, 2016David H. Freeman and Jonathan FriedlandIt is well settled under Section 220(d) of the Delaware General Corporation Law (DGCL), a director's access to corporate books and records is broader than that of stockholders. However, in contrast to the broad scope of discovery permitted in a plenary action under the Delaware Court of Chancery Rule 26, Section 220 limits inspection (even by directors) to documents and communications that fall within its more limited "contemplation of 'books and records,'" which correlates with the "summary nature of a Section 220 proceeding."
April 01, 2016Albert H. Manwaring IVMore often than not, litigating divorce and post-divorce issues in the New Jersey Superior Court is not practical. It is unquestionable that alternative dispute resolution (ADR) venues are becoming popular and commonly used methods to resolve divorce and post-divorce issues.
April 01, 2016Christopher R. Cavalli

