Legal Research

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Intellectual Property
Wednesday, June 17, 2009
By Alan J. Hartnick

" Alan J. Hartnick, a partner of Abelman, Frayne & Schwab and an adjunct professor of law at Fordham University School of Law, writes that there are many legal issues with user-generated content including: (a) secondary copyright liability; (b) the Digital Millennium Copyright Act's "safe harbors"; (c) who owns the material, and the effect of click-wrap agreements; (d) collaboration 'wiki' content, which permits users to edit a Web page content; (e) obscenity; (f) defamation and false light; (g) right of publicity and privacy; (h) children's online privacy protection, among other things."

Products Liability
Wednesday, June 17, 2009
" Michael Hoenig, a member of Herzfeld & Rubin, writes that 'reliability' of expert evidence must meet an admissibility or gatekeeping standard irrespective of whether novel scientific evidence is involved. He analyzes a number of cases where state appellate courts have reviewed trial court rulings involving trustworthiness of experts."

OUTSIDE COUNSEL:

'People v. Giles' Presents Distinct Evidentiary Issues
Thursday, June 18, 2009
By Paul Shechtman

" Paul Shechtman, a partner at Stillman, Friedman & Shechtman and an adjunct professor at Columbia Law School where he teaches Evidence, analyzes a recent decision where the issue before the Court of Appeals was the admissibility of the evidence of uncharged burglaries. In a unanimous opinion, he says, the Court concluded that the trial judge had 'erred by failing to issue a limiting instruction to cure the potential prejudicial effect of the evidence regarding the uncharged burglaries on the attempted burglary and possession of burglar's tools counts.' " 

CORPORATE UPDATE:

Obama's Proposed Regulatory Changes Target a 'Culture of Irresponsibility'
Thursday, June 18, 2009
By Jim Kuhnhenn
The Associated Press

"President Barack Obama proposed sweeping new "rules of the road" for the nation's financial system yesterday, casting the changes as a critically important response to the economic crisis and the greatest regulatory transformation since the Great Depression. Mr. Obama said regulations crafted to deal with the depression of the 1930s had been 'overwhelmed by the speed, scope and sophistication of a 21st century global economy.' "