Second Circuit Asks NY Ct. of Appeals To Answer Pre-1972 Recordings Issue
May 01, 2016
The New York Court of Appeals has been sent an important and unresolved issue on copyright infringement for music recorded prior to 1972. The U.S. Court of Appeals for the Second Circuit has asked New York's highest court to determine whether there is a right of public performance for creators of sound recordings under that state's law and "if so, what is the nature and scope of that right?"
Admissibility of Evidence Obtained From Facebook
May 01, 2016
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.
Law School, Disrupted
May 01, 2016
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.
Using Communication Decency Act and Promissory Estoppel to Combat Internet Defamation
May 01, 2016
Internet defamation is a regular occurrence. While the common law affords e-defamation victims a right to sue both the original speaker of the defamatory statements and the publisher, Internet anonymity of the original speaker and the publisher's use of Section 230 of the CDA often make such litigation difficult. However, the CDA also provides a basis for combating Internet defamation.
Taking Control of e- Discovery In-House
May 01, 2016
Today's burdensome data trends require practical new approaches to e-discovery ' combining true-SaaS technology and "Intelligent Discovery" processes gives corporate legal departments greater control, reduces costs, and improves access to data.
Justices Write End to Authors' Challenge of Google Books
May 01, 2016
The U.S. Supreme Court ended a decade-long battle over Google, Inc.'s massive book-scanning project last month, declining to take up an appeal by authors who claimed the company violated copyright law "on an epic scale."
Virtual Visitation Revisited
May 01, 2016
Today, with high-speed Internet and Wi-Fi options, many parents and children can use ever-advancing technology that allows them to communicate with each other using "face technologies." Have the courts caught up to this concept?
Ethics and Criminal Practice
May 01, 2016
Social media can be used to reveal personal communications, provide location information, prove and disprove alibis, establish crime or criminal enterprise and show instrumentalities or fruits of a crime. But there is no one rule of professional conduct that addresses what a lawyer can advise a client concerning the use of social media.
