Legal Research

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Computer Law
Tuesday, September 8, 2009
By Richard Raysman and Peter Brown

"Richard Raysman, a partner at Holland & Knight, and Peter Brown, a partner at Baker & Hostetler, write that there are three essential elements that a party must establish in order to claim §230(c)(1) immunity: (1) it is a provider of an interactive computer service; (2) the cause of action treats the party as a publisher or speaker of information; and (3) the information at issue is provided by another information content provider."

OUTSIDE COUNSEL:

Foreign Judicial Corruption And Liability for Local Counsel
Tuesday, September 8, 2009
By Oliver J. Armas and Lawrence E. Buterman

"Oliver J. Armas, a partner at Chadbourne & Parke, and Lawrence E. Buterman, a counsel with the firm, write: "Though judicial corruption in some foreign countries has been characterized as a 'systemic problem,' the issue largely has been ignored or viewed as irrelevant by U.S. companies doing business in those jurisdictions. However, U.S. companies now are increasingly finding themselves embroiled in litigations in foreign jurisdictions. To represent them in these foreign disputes, companies are turning to local foreign attorneys, who in turn are interacting with judges, law clerks, and other foreign governmental officials on behalf of these companies. And where it is standard practice, these local counsel sometimes are making improper payments to such governmental officials."  

SPECIAL REPORTS:

Litigation
Tuesday, September 8, 2009
" In this Special Section from the New York Law Journal: 'Juror Abuse of the Internet," "Which Appellate Division Rulings Bind Which Trial Courts?' and 'Defining Civil RICO 'Enterprise' After 'Boyle.'"

Also, in the highlighted article from this section,

Free With Registration: Savvy Use of Social Networking Sites
"Daniel L. Brown, a partner at Sheppard Mullin Richter & Hampton, and Aimee R. Kahn, an associate at the firm, write that some recent court proceedings demonstrate that an adversary's MySpace or Facebook page may sometimes contain the all-important smoking gun, and such sites can potentially be used to serve legal process on an adversary. However, the ability to use information discovered from a social networking Web site as evidence has not yet been fully tested in courtrooms, and attorneys must understand the evidentiary and ethical implications of seeking and discovering such evidence."

TECHNOLOGY TODAY:

Criminal Law
Tuesday, September 8, 2009
By Ken Strutin

" Ken Strutin, director of legal information services at the New York State Defenders Association, writes: 'New technologies and communication tools are flooding our lives. And they raise an important question for lawyers: What gadgets and software are people using?1 Beyond the businessware common in law offices, there is the larger world of smartphones and Web 2.0 inhabited by clients, witnesses, jurors and criminal justice professionals. It is this technological realm that provides a new cultural-communicative context for case preparation and litigation strategies.' "