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Vanity of the Bonfires: Spoliation of Evidence
How do you know when an expert witness is getting ready to testify? By the bonfire in his backyard! Upon his conviction for Watergate-related activities, John Ehrlichman, Richard Nixon's Domestic Policy Adviser, famously said, “As a matter of historical perspective, you can make a pretty good argument that a bonfire on the South Lawn wouldn't have been a bad idea.” Gettysburg Times, 01-02-75, p.1, col. 2. One relatively recent appellate-level decision seems to carry a similar message to forensic custody evaluators.
A Paragon of Terseness
The Court of Appeals has unequivocally recognized that the “integrity of our judicial system depends on the ability of litigants to locate and identify relevant proof without fear that the truth-seeking process will be thwarted by spoliation of evidence.” Ortega v. City of New York, 9 N.Y.3d 69 (2007). Notwithstanding this straightforward condemnation of evidentiary destruction, the Appellate Division, Second Department, in O'Loughlin v. Sweetland, 98 A.D.3d 983 (2d Dept. 2012), affirmed a lower-court decision that refused to impose any type of sanction upon a forensic custody evaluator who destroyed audiotapes of interviews she conducted in the course of her evaluation. For those who still believe in due process, decisions of this sort send one screaming into the night.
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.