Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Spoliation of Evidence in Family Matters
It is a well-established rule of evidence that a party's intentional destruction of written evidence relevant to proof of an issue at trial can support an inference that the evidence would have been unfavorable to the party responsible for its destruction. 2 John Henry Wigmore, Evidence in Trials at Common Law ' 291 (James H. Chadbourn rev.1979). This common law rule, which' was expanded to the area of discovery sanctions in 1994, has recently been applied in matrimonial actions, and creates a potentially perilous path for the matrimonial attorney.
Spoliation Law in New York
The traditional common law rule in New York was that the deliberate destruction of written evidence gives rise to the inference that the matter destroyed or mutilated was unfavorable to the spoliator. The presumption did not arise from the mere destruction of documents; such destruction must be intentional. In re Eno's Will, 196 AD 131(1st Dept 1921). This unfavorable presumption did not dispense with the necessity that the other party introduce some other evidence of the contents of the destroyed documents, and show that those documents were relevant to the case. Id.
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.