Features
Admissibility of Evidence Obtained From Facebook
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.
Features
Trans-Jurisdictional Transactions
This three-part series has analyzed the complex issues that arise throughout the dispute resolution process of cross-border transactions. In this final installment, we look to the beginning and discuss how proper planning and effective drafting of the dispute resolution provisions can infuse predictability and reliability into cross-border business deals.
W.D.N.Y.: Insurer Must Defend Claim Despite Its Being Pleaded Under a Contract Theory
In an interesting ruling last year from the U.S. District Court for the Western District of New York, the court applied New York law in rejecting an insurer's attempt to deny coverage when the insured faced an underlying liability claim arising out of its provision of adulterated apples that were used to make baby food.
Columns & Departments
Eminent Domain Law
Discussion and analysis of a case involving trade fixtures.
EXCITING NEWS!!!
Beginning with the June Issue, <i>e-Commerce Law & Strategy</i> will no longer exist as a single entity. Instead, it will continue its evolution into our all-new, cutting-edge title: <i>Cybersecurity Law & Strategy</i>.
Proper Objections at a Personal Injury Deposition
When asserting the doctor-patient privilege, a witness cannot refuse to reveal medical incidents or facts once the witness has put the medical condition in controversy. Often, in a personal injury case, the plaintiff has already put a specific injury at issue by filing the lawsuit.
In the Courts
Review of a case in which a judge allowed a suit against FBI agents and two Assistant United States Attorneys to proceed.
Features
How to Run Your Law Firm More Like a Business
If your firm is like most, your top goals include growing revenue, and in turn, increasing profitability. You've implemented practice management software, and probably even a customer relationship management (CRM) system to help you achieve those objectives. Now what?
Columns & Departments
Business Crimes Hotline
In-depth analysis of a case in which Cayman Islands entities plead guilty for assisting U.S. taxpayers.
Law School, Disrupted
The last few years have been rough for legal education. But shoots of innovative, provocative life can be seen at a few law schools. And these changes hint a broader change coming for all in legal education.
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MOST POPULAR STORIES
- Enhanced Oversight of Search Warrants and Title III WiretapsSearch warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The Right to Associate in the DefenseThe "right to associate" permits the insurer to work with the insured to investigate, defend, or settle a claim. Such partnerships protect the insurer and can prove beneficial to the insured's underlying case and ultimate exposure.Read More ›
- DOJ's Cyber Fraud Initiative: A Wake-up Call That Keeps RingingDOJ's Cyber Fraud Initiative has been a wake-up call for companies to prioritize cybersecurity and adhere to stringent standards. By leveraging the FCA, DOJ has used a powerful enforcement tool to target a wide range of cybersecurity failures and misrepresentations. The increasing focus on cybersecurity by enforcement agencies means that robust cybersecurity practices are becoming a standard expectation, not just a best practice.Read More ›