Featured Columns

Using Federal Rules of Evidence to Authenticate Website Content

Adriel J. Garcia | October 24, 2014

When it comes to proffering into evidence material taken from websites, the authentication requirement is often the least understood and most overlooked hurdle to admissibility. Ultimately, electronic evidence is subject to the same rules of evidence as paper documents, but although a party seeking to admit an exhibit "need only make a prima facie showing that [the exhibit] is what he or she claims it to be," practitioners often fail to meet "even this minimal showing" when attempting to introduce electronically stored information (ESI), as in Lorraine v. Markel American Insurance, 241 F.R.D. 534, 542 (D. Md. 2007).

In-House Counsel

  • Reporting and Investigating Potential Employee Wrongdoing

    By Hayes Hunt and Arthur P. Fritzinger

    Companies in every industry—private and public—struggle with the difficult task of promptly identifying employee wrongdoing and responding appropriately. The National Football League continues to be embroiled in a controversy arising from its reaction to the off-the-field conduct of its players. Penn State University continues to make attempts to repair its reputation after the Jerry Sandusky scandal. Lloyds Banking Group recently dismissed eight employees and sought to recoup millions in bonuses after it was revealed that they, along with employees of at least two other British banks, had attempted to manipulate benchmark interest rates from 2006 to 2009. Even government organizations struggle with this issue: Last month, Philadelphia Municipal Court Judge Joseph C. Waters Jr. resigned amid an investigation by the FBI that has lasted more than a year.

  • Recognition Comes Before Enforcement With Foreign Judgments

    By Paige H. Forster

    General counsel know what it's like to be on the receiving end of a complaint and to guide litigation through the trial court and the appeal. Perhaps less familiar is being on the receiving end of an opponent's efforts to enforce a judgment rendered outside the United States.

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Young Lawyer

  • Make Networking a Priority to Obtain Long-Term Success

    By Christopher M. Varano

    Networking is a critical skill that is too often undervalued and overlooked. The importance of establishing, growing and maintaining contacts in the legal profession cannot be overstated. As a young lawyer, your network should include mentors, colleagues and targets for business development. Each of these types of contacts is critically important to your success as a young lawyer.

  • Overcoming the Odds Against You as a Young Lawyer

    By Michael J. Joyce

    Young lawyers are often faced with daunting odds, especially in their first few years in practice. Newer practitioners are required to overcome steep legal learning curves and find ways to succeed despite facing a deck seemingly stacked against them. Overcoming odds, in practice as well as in other facets of life, requires perseverance, desire and focus. Those who can win in the face of imminent defeat solidify their indispensability as counselors of the law and have the potential to distinguish themselves from the army of other associates and law school graduates hungry for a bigger piece of the pie.

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Employment Law

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Business of Law

  • Reports Show Playing Team Sports Benefits Women's Careers

    By Frank Michael D'Amore

    The benefits associated with playing sports have been extolled in this column over the years. For instance, a two-part series, "Ten Lessons From Athletes to Excel in the Boardroom," was published in the May 20, 2013, and June 17, 2013, editions of The Legal. The series discussed some of the most significant characteristics embodied by those who participated in sports—such as perseverance, goal-setting and the ability to operate in a team environment—and gave examples of how they were a boon to the careers of lawyers.

  • Slaying the Inertia Dragon to Reach Your Full Potential

    By Frank Michael D'Amore

    Actions and results define our careers. In some cases, we achieve resounding victories in winning a trial, closing a deal, landing a major client, or taking the mantle of leadership and driving a group, department or organization to great heights. At other times, we may have suffered defeats, but, in the process, learned valuable lessons that ultimately paved the way to future accomplishments.

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Litigation

  • Using Documents to Prepare a Rule 30(b)(6) Witness

    By Shannon McClure and Regina Nelson

    When representing a corporation or other organizational entity in federal court, it is not uncommon to be presented with a Federal Rule of Civil Procedure 30(b)(6) deposition request. There are many issues to consider when presented with this type of deposition notice.

  • Fifth Circuit Offers Guidance on Corrective Disclosures

    By Peter J. Kreher and Frank P. Trapani

    In Public Employees' Retirement System of Mississippi v. Amedisys, the U.S. Court of Appeals for the Fifth Circuit offered important guidance on how to evaluate whether alleged corrective disclosures meet the standard for pleading loss causation established by the U.S. Supreme Court in Dura Pharmaceuticals v. Broudo. This article describes the court's analysis and discusses the implications for plaintiffs and defendants in securities fraud cases.

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All Columns

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