Legal Research

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Tax Litigation Issues
Thursday, March 12, 2009
By John J. Tigue Jr. and Jeremy H. Temkin

"John J. Tigue Jr. and Jeremy H. Temkin, principals in Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, discuss a closely-watched case, recently reviewed by the First Circuit, that broadened the scope of what may be protected as work product but left open the issue of whether disclosure of work product to independent auditors constitutes a waiver."

New York Court of Appeals Roundup
Thursday, March 12, 2009
By Roy L. Reardon and Mary Elizabeth McGarry

"Roy L. Reardon and Mary Elizabeth McGarry, partners at Simpson Thacher & Bartlett, review recent decisions of interest, including the upholding of a reversal of a criminal conviction due to the prosecutor vouching for the testimony of a witness during summation, thereby making himself an unsworn witness, and another upholding the seizure of blood samples taken by a hospital in the course of treating the defendant, and introduction of the results of tests on those samples in his drunken driving trial."

OUTSIDE COUNSEL:

When Breaching a Web Site's Terms Of Service Is a Crime
Thursday, March 12, 2009
By Matthew L. Levine

 "Matthew L. Levine, a principal at Fish & Richardson, writes that you should look before you click - or you could go to jail for committing a federal crime. That is the lesson of United States v. Lori Drew. In November 2008, a federal jury in Los Angeles convicted Lori Drew, a 49-year-old mother from Missouri, of three misdemeanor violations of the Computer Fraud and Abuse Act, a statute traditionally used to prosecute computer hacking. What criminal act did Ms. Drew commit that justifies sending her to jail for up to three years? According to federal prosecutors in California, she merely breached the contractual terms of service of MySpace."

CORPORATE UPDATE:

E-Discovery
Thursday, March 12, 2009
By Steven C. Bennett and Marla S.K. Bergman

 "Steven C. Bennett, a partner at Jones Day, and Marla S.K. Bergman, counsel to the firm, write: Like it or not, lawyers involved in e-discovery matters must become project managers. In addition to advising and representing clients, they must help clients select and supervise vendors of e-discovery services, from simple photocopying, to forensic analysis, to data retrieval and production, to expert testimony on the adequacy of e-discovery efforts. A few key steps can help ensure such projects proceed successfully."