Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
How Good Is Your e-Mail Evidence?
Today, e-mail is as second nature to most attorneys and law offices as sending a letter or fax. Hardly anyone ever thinks twice about sending, receiving or even thinking about the content they put into the average e-mail message. Most even think a step further and really think that an e-mail is just like a conversation, i.e., once it's over the conversation ceases to exist.
Get a Receipt
However, as most attorneys will tell you, an e-mail is a discoverable document that is legal evidence ' to be used at any trial and for any discoverable purpose. The thing that most of us seem to forget is that e-mail, unlike our conversation, lives on in time and, if not kept in the proper prospective, the topic of the e-mail may be of such importance to a case or cause that it becomes critical to our proofs in a matter. As a practitioner of family law, I can attest to the fact that a case can be won or lost when challenges are made to the truth and veracity of the statements in an e-mail or e-mail's date stamp. Many a spouse has been faced with the explanation of the suspect e-mail in a court of law.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.