IntroductionPersonal service of process has been the hallmark for initialing litigation for nearly 100 years, primarily because it guarantees actual notice to a defendant of a legal action against him or her. It remains a touchstone, and the “ideal circumstance under which to commence legal proceedings”1 against a person. In today’s increasingly digitized world, however, most documents and information are generated electronically, meaning that thefirst evidence of source or origination documentation is electronically storedinformation.2 A natural consequence of this migration to digital information is that a majority of the potential evidence used in current and to be used in future litigation willbe computer generated.3 From a litigation perspective, this migration provides many advantages to the bench, the bar, and the public by way of reduction in resourcing of paper generation and storage. In order to avail themselves of these … [Read more...] about The Continuing Relevance of Personal Service of Process
Online newspaper publishing software
Contact your local TV news station. Email, fax, or call your local news station and introduce yourself. Tell them who you are and what you do, and don’t forget to mention what you specialize in. Tell them that you are available if they ever need an expert to speak on a legal topic, especially in your niche. Do this once a month until they contact you to be interviewed. If you do a good job, they’ll keep coming back to you and your face will continue to be broadcast on local television for free.Notify different mediums of the media. Once you’ve been interviewed on TV, let your local radio stations and newspapers know. They will see you as a leading expert in your field and they will follow you and want to ask you to interview with them. This way, you can recycle interviews and information without being redundant.Clip and recycle. Once you have been interviewed on TV a few times, you’ll want to compile all of your interviews into one … [Read more...] about The Right Way To Get Free Publicity
Special damages compensate the plaintiff for quantifiable financial harm. In the case of Alefantis and Comet Ping Pong, for instance, the special damages could include lost business and the costs arising from added security and hiring replacement employees. General damages compensate for harm to the plaintiff’s reputation. These damages can be fairly large. Presumed or punitive damages “are where the big money comes from,” Calvert says. Punitive damages, however, can be difficult to get. If the libel involves a matter of public concern, a plaintiff must prove the defendant acted with actual malice. Some states, such as Massachusetts, have adopted an even tougher rule. They have statutes forbidding all punitive damages in libel suits.The final obstacle to suing purveyors of fake news for libel is the costs of bringing such suits. Those costs go beyond those of litigation. … [Read more...] about Lies and Libel: Fake news lacks straightforward cure
Deloitte & Touche Settles SEC Charges for Violating Auditor Independence Rules: Deloitte & Touche LLP agreed to remit payment to the Securities and Exchange Commission of more than US $1.1 million for alleged violations of its auditor independence rules. This violation occurred, claimed the SEC, when Deloitte’s consulting affiliate, Deloitte Consulting LLP, entered into a business relationship with Andrew Boynton, who served on the boards of trustees and audit committees of three D&T SEC-registered investment company audit clients. This business relationship, which lasted from 2006 to 2011, involved Deloitte Consulting’s purchase from Mr. Boynton of intellectual property rights to a certain brainstorming business methodology, and use of Mr. Boynton to train both internal and external clients regarding the methodology, claimed the SEC. The SEC named D&T, Mr. Boynton and ALPS Fund Services, Inc., which provided administrative services to each of the … [Read more...] about Bridging the Week: June 29 to July 3 and 6, 2015 (Diva of Distressed; Uncleared Margin; Reg MAR Breakdown; China; FINRA Defamation)
The Times notes that headlines and links are often used by search engines like Google, news aggregators and blogs. Google has argued in the past that its use of AP articles is protected by the doctrine of fair use, according to the blog Today @ PC World. But Curley apparently expects payment. … [Read more...] about Will Bloggers Be at Risk in AP Content Crackdown?