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Features

Look, But Don't Log In

Marjorie J. Peerce & Daniel V. Shapiro

A computer forensic analysis reveals that the employee has accessed his personal Web-based e-mail account from his company computer and that his log-in information (username and password) has been recovered from the computer's memory. Can you log in to the account and read his personal e-mail?

Features

How to Use and Not Lose Experts in Criminal Cases

Jodi Misher Peikin & James R. Stovall

Rare is the white-collar case today where an expert witness does not play a powerful role. But the vagueness in expert disclosure rules in criminal cases can lead unwary defense counsel to forfeit an expert entirely.

Features

Cap on Legal Fees in Bankruptcy Alarms Firms

Amanda Bronstad

Lawyers representing directors and officers of IndyMac Bancorp Inc. are attempting to remove a cap on their billing rates, the latest example of how judges are scrutinizing hourly fees in large bankruptcies.

Features

Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale

ALM Staff & Law Journal Newsletters

Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.

Features

Considerations of Examiner Appointments in Bankruptcy Actions

David J. Baldwin & R. Stephen McNeill

Examiner appointments in Chapter 11 bankruptcy cases are uncommon, and despite Judge Peter J. Walsh's statement that he had appointed an examiner only two or three times during his career as a bankruptcy judge, he recently ordered the appointment of an examiner in <i>In re DBSI, Inc.</i>

Features

Labels Attack Music Search Engines

Zusha Elinson

Lawyers scurried to San Jose, CA, bankruptcy court in April to argue over the remains of SeeqPod Inc., the first big casualty on the newest front in the legal war between the record industry and the Internet.

Features

Cameo Clips

ALM Staff & Law Journal Newsletters

COPYRIGHT INFRINGEMENT/JURY INSTRUCTIONS<br>TRADEMARK USES/QUALITY CONTROL

Features

New Jersey Truth in Music Advertising Law Applies to Common Law Service Marks

Stan Soocher

Since 2004, Truth in Music Advertising statutes have been enacted in more than 26 states. These laws, aimed at preventing consumer confusion between a recording group and a performing group, set forth several conditions, at least one of which must be met to legally use the name of a music group in conjunction with a concert performance. In April 2009, the U.S. District Court for the District of New Jersey issued a ruling in a case that involved the constitutionality of that state's law.

Features

Boom, Boom, Boom

Stanley P. Jaskiewicz

While it is helpful to be able to research issues online and communicate with key employees while sitting at the board table, I find that the level of distraction from the board's deliberations has diminished the value of these meetings, for me and for the company. While this problem is certainly not limited to e-commerce or technology firms, I think that the great reliance on such technology by their executives and directors makes the legal duty to "pay attention" even more of a pressing issue for such firms.

Features

Existing Internet Laws Reduce Constitutional Protections

Jonathan Bick

Internet communication necessitates sharing content and data with third parties. The voluntary transfer of such content and related data to third-party Internet communication facilitators reduces or eliminates First, Third, Fourth, Fifth and Fourteenth Amendment rights of Internet users. The technology and protocols used to enable Internet communication, as interpreted by existing privacy statutes and case law, further compromises Internet users' privacy and publicity rights. Both legal notices and technological techniques may be used to ameliorate this outcome.

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