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Evidence Comes to Life with the Click of a Mouse
From humble beginnings in 1951 when the first blackboard was used in a courtroom, visual props have evolved in sophistication. The blackboard led to flip charts and photo enlargements, overhead projection, the playing of videotapes and now to the integration of sight and sound with electronic slide presentations.
While props in the courtroom provide razzle-dazzle to keep jurors attentive, they should never be overlooked in situations such as settlement conferences, mediations and arbitrations where strict evidentiary rules do not apply. Depending on the type of lawsuit, only one in 10 cases actually goes to trial, making it far more likely other methods of dispute resolution will be pursued. With more flexible boundaries for making persuasive arguments, these venues are ideal for electronic presentations. After all, litigators are storytellers and their goal is to present a compelling story to which the audience will respond. So, even if the audience is only comprised of the opposing side, a multi-media presentation can be an effective tool to underscore the strength of a case and leave a lasting impression.
There are several presentation software packages on the market, but the easiest to use and most readily available is Microsoft Corporation's PowerPoint software. The software allows a variety of visual and auditory techniques to be programmed into a presentation. For specific instructions, the National Institute for Trial Advocacy (NITA) published a book titled, “PowerPoint For Litigators,” which outlines effective tools for trial, mediation, arbitration and appeals.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?