Internet Content Changes White-Collar Criminal Litigation Tactics
October 01, 2016
The federal government engages in certain tactics to reduce the effort associated with white-collar criminal litigation. Among the most criticized are the government's efforts to pressure corporations to waive the attorney-client privilege or work-product protection.
Tallying States' Activity on Fantasy Sports
October 01, 2016
New York Attorney General Eric Schneiderman had declared online fantasy sports a form of illegal gambling, ordering industry giants DraftKings and FanDuel to shut down operations in a state that generated about 10% of the companies' revenues. The companies countered by suing. Then, faced with enormous legal costs, the companies chose a second course of action. They would pursue state legislation to legitimize their operations while offering consumer protection language ' and a cut in revenues ' in return.
Website Arbitration Clauses
October 01, 2016
In a recent U.S. Eastern District decision, the court compelled arbitration of a dispute based on language contained in the Terms of Use on an Internet access provider's website. The language contained an operative arbitration clause that the court found binding on the plaintiffs. Plaintiffs claimed the clause was not apparent to them and therefore they never provided any consent to arbitrate.
Money Laundering Case Puts Spotlight on Law Firms' Use of Trust Accounts
October 01, 2016
A $3.5 billion asset forfeiture case that the DOJ brought in July grabbed the public's attention for the alleged purchases involved. But prosecutors also claim that prominent law firms used lawyer trust accounts to hold huge sums allegedly pilfered from the government of Malaysia and laundered through U.S. institutions.
New York Rejects Federal Trend, Limits Common Interest Doctrine
October 01, 2016
Full and frank communication with another party's legal counsel is often necessary effectively to defend a client and to ensure compliance with the law. Thus, the question, "Under what circumstances may a company share privileged information with a third party?" is an important one.
Do <i>Daubert</i> Motions Really Work?
October 01, 2016
More than 20 years into the <I>Daubert</I> era, a surprising number of litigators still have doubts and disagreements about the effectiveness of motions <I>in limine</I> challenging the admissibility of federal court opinion testimony under Federal Rules of Evidence (FRE) 702.
The Internet Is Not a Consequence-Free Zone
October 01, 2016
The widespread use of social media, and the corresponding ability to create, share, and misappropriate content ' all in an instant ' has radically increased the number of unwitting copyright owners and infringers.
Law Firms Facing Unprecedented Cyber Risk
October 01, 2016
For years, various government authorities and security experts warned the legal industry about the proverbial cyber target painted on their chest. And while a cornucopian crop of headlines bloomed about data breaches, most concentrated on major retailers or recognizable brands. Given nebulous reporting legislations, the data breaches at law firms remained below the press horizon. But you can only dodge so many bullets until one hits the industry square in the chest.
