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Civil Litigation Implications of Corporate Employees' Criminal Acts
When corporate employees engage in criminal wrongdoing, the result is often civil litigation against their employer. The criminal conviction of such employees, whether by trial or plea, or their invocation of the privilege against self-incrimination, can have serious adverse consequences in related civil litigations against their employer, even if the employee (or former employee) is not a party. This article discusses the use of such evidence against corporations.
Admissibility of Prior Convictions
Federal Rule of Evidence (FRE) Rule 803(22) provides an exception to the hearsay rule for convictions and guilty pleas, and any final judgment finding a person guilty of a crime punishable by imprisonment for more than one year can be used as evidence to prove any fact essential to sustaining that judgment. While Rule 803(22) does not apply to convictions or guilty pleas of third persons when offered as evidence in a criminal prosecution, there is no similar qualification for civil trials. Thus, a non-party's conviction may be used to prove any facts essential to that conviction in a civil case. American Intl. v. Towers Fin. Corp., 1997 U.S. Dist. LEXIS 22610 (S.D.N.Y.).
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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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?