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
- Protecting Innovation in the Cyber World from Patent TrollsWith 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.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- Meet the Lawyer Working on Inclusion Rider LanguageAt the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers & Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.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 DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›