What Makes Text Messages Not Hearsay?
April 02, 2015
In <i>Commonwealth v. Koch,</i> the Pennsylvania Supreme Court gave us a present in the form of an affirmance of a Superior Court panel decision that reversed the trial court's denial of the exclusion of text messages on the grounds that they were hearsay. Because the affirmance was the result of a six-justice court being evenly divided at 3-3, none of the opinions is controlling. Nevertheless, they provide insight into the issues arising from the attempt.
How to Obtain Social Media Data for Defending Lawsuits
April 02, 2015
Obtaining social media user content under most circumstances is extremely difficult unless you use the correct strategy. It is pivotal that a practitioner understands how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.
To Avoid Claims, Assess Privacy Impacts of Marketing And CRM
April 02, 2015
Companies are increasingly relying on innovative and edgy digital marketing campaigns to promote their products and services. Campaigns often include user-generated content, viral marketing, the brand's website, a mobile application, and other social media and social networking elements. Companies are also looking to harness data through loyalty programs and consumer tracking to better understand, serve and reach their customers.
Effect of Omnicare On Private Placements in Film Ventures
April 02, 2015
In the entertainment industry, we frequently see private placement memoranda seeking to raise capital for films and that refer to success stories and independent films that became box office hits. But the U.S. Supreme Court's decision in <i>Omnicare v. Laborers District Counsel Construction Industry Pension Fund</i> should make all producers think twice about whether, or how, to include these success stories.
Small-Firm Marketing
April 02, 2015
In a market flooded with newly minted attorneys, spreading the word about your services can feel like an empty pursuit. Attorneys just don't have the time or marketing expertise to experiment with new tactics, so they settle for traditional channels like TV commercials.
Social Media and Hiring Concerns
April 02, 2015
Less than a decade ago, employers large and small would typically evaluate and hire potential employees on the basis of some fairly standard assessment tools: job applications and/or resumes; in-person interviews; personal and professional references; and transcripts or test scores.
The Internet User's Duty of Care
April 02, 2015
The duty one Internet user has to another has changed, particularly with respect to cybersecurity and privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.
The Times, They Are A-Changin'
April 02, 2015
As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.
Best Practices for Law Firms to Meet Cybersecurity Requirements of Inside Counsel
April 02, 2015
Whether or not your clients have suffered a data breach, cybersecurity is undoubtedly a critical concern. Many of your clients are actively searching for and plugging any gaps in their security. And if your clients haven't done so already, they're also going to focus their attention on what could potentially be an Achilles Heel for them ' their law firms.
