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Should You 'Facebook' the Jury? It Depends on the State and the Judge
Any good trial lawyer these days is keenly aware that jurors are revealing valuable tidbits about their lives, their interests, and social and political leanings on such services as Facebook and Twitter. But while social media profiles can present a trove of data points for jury selection — one that legal tech companies are eager to mine — researching jurors online while keeping on the right side of the judge and local ethics rules is hardly a straightforward exercise.
“It's really an issue that I see developments [in] on a weekly basis,” said John Browning, a trial attorney at Passman Jones in Dallas and author of “Legal Ethics and Social Media: A Practitioner's Handbook,” set to be published shortly. At the end of the day, Browning said, most opinions out there would steer attorneys toward doing more research about their panel over less. Even so, there are nuances depending on what state you're in, and who the judge is.
Here's an overview of how the landscape is shaping up in some key jurisdictions.
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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.
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.
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?
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.