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Custody Evaluations and the Illusion of Helpfulness
The opinions of forensic evaluators in child custody cases carry the potential power to change lives by force of law. Too often those opinions are received in evidence without serious examination of whether they are based upon demonstrable knowledge as opposed to subjective beliefs and idiosyncratic value judgments. Intellectually empty proclamations, such as 'the opinion is helpful' or 'I'll take it for what it's worth' usher these potent utterance into evidence in all too many courtrooms. The notion that an opinion that is not demonstrably valid can be helpful and ought to be admitted 'for what it is worth' is as illusory as it is foreign to evidence doctrine.
Learned Hand once declared that the use of the term res gestae was an open admission of a refusal or an inability to think. Younger, I. Hearsay: A Practical Guide Through the Thicket. Prentice-Hall (1988); United States v. Matot, 146 F.2d 197 (Second Cir. 1944). The same can be said of the 'take it for what it's worth' idiom and the illusion of 'helpfulness.' Both expressions are meaningless because they ignore the evidentiary requisite of demonstrable validity.
Evidentiary Reliability Under Daubert
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.