Features
Vanity of the Bonfires: Spoliation of Evidence
How do you know when an expert witness is getting ready to testify? By the bonfire in his backyard! Upon his conviction for Watergate-related activities, John Ehrlichman famously said, "As a matter of historical perspective, you can make a pretty good argument that a bonfire on the South Lawn wouldn't have been a bad idea." One relatively recent appellate-level decision seems to carry a similar message to forensic custody evaluators.
Features
Aereo Makes Unusual Move in Networks' Bid for S. Ct. Review
In an unusual move that raised the stakes in the major copyright battle between broadcast television networks and the upstart Aereo TV service, Aereo Inc. is urging the U.S. Supreme Court to hear the dispute, even though it won in the court below.
Columns & Departments
Landlord & Tenant
Tenant Did Not Breach Obligation to Use Reasonable Efforts <br>Fraud Allegations Require Investigation Beyond Four-Year Period
Features
Lawyering and Psychological Research
Model Standard 4.6(b) of the Association of Family and Conciliation Courts' Model Standards of Practice for Child Custody Evaluation urges evaluators "to utilize and make reference to pertinent peer-reviewed published research in the preparation of their reports." If I were to assert that research shows that more evaluators are citing research in their reports, I would expect to be asked what research I am alluding to. There is none.
Features
FTC Update on Gathering Data; Disclosures To Consumers
In an area of major interest to the entertainment industry, the FTC continues its active enforcement of advertising practices in emerging areas such as social media and mobile marketing. At the same time, advertisers and marketers are attempting to piece together best practices as new consumer protection requirements come into effect and the first cases applying new regulatory standards are settled.
How <i>Disney Enterprises v. Hotfile</i> May Apply To Secondary Infringement Claims
While the full significance of the MPAA's victory in the <i>Hotfile</i> case, in defining how copyrighted works may be distributed over the Internet, remains to be seen, the court's decision suggests some winning ' and losing ' arguments for competing sides to mount in upcoming disputes.
Features
Practice Tip: Medical Expenses In CA
Damages in product liability personal injury cases inevitably involve medical expenses. Depending on the nature and extent of the injury, those medical expenses can generate extraordinarily high numbers. When it comes to recovering medical expenses, the question in determining the amount of damages often turns on what number can be presented to the jury.
Post-Termination Enforcement of Franchise Agreements
A particularly vexing issue for franchisors is enforcing the post-termination obligations against the former franchisee, and against others acting in concert to usurp the benefits of the franchise relationship after it has expired or terminated. A recent decision in New Jersey federal court provides some insight on how to address these issues.
Stop the Insanity!
The facts are that our disclosures are voluminous and getting more so every year (many companies' proxy statements are at or close to 100 pages, and some 10-Ks are in excess of 200 pages) that most investors don't have the time to read, much less digest, these documents and that those who do often find them overwhelming.
Features
States Criminalize Internet Identity Theft
Last year, CNN reported that more than 80 million fake/impostor Facebook profiles were in use. Among them was a New Jersey Facebook user who created a fake profile that depicted her ex-boyfriend as a criminal. Another user in California accessed and altered another's Facebook account without consent. These unlawful actions typify the two most common forms of Internet identity theft: e-impersonation by fraudulently creating a fake account or by deceptively using an existing account.
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