Make These 4 Assumptions about Cybersecurity

158695294It has been clear for some time that cybercrime isn’t an outlier in the spectrum of corporate risk. Yet many organizations have been slow to wake up to that reality, or having awoken, are unsure of what steps to take to manage that risk. Law firms are in the thick of it with nearly half of all firms infected with viruses, spyware, or malware last year. Continue reading

Should You Move for Mistrial?

90279590Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should. Like everything else at trial, whether to move for mistrial is a tactical decision. Continue reading

Keeping Tabs on a Bad Neighbor

484190499When a conflict arises between neighbors, attorneys often recommend that their clients keep a record of events. A written log of dates and times is one thing, but a video or audio recording can easily step over the line from keeping tabs to violating privacy rights. Continue reading

Idea-Expression Dichotomy Remains Key to Copyright Protection of New Technology

464285047Can you state the difference between an idea and the expression of that idea? Don’t worry if it doesn’t slip off your tongue. This distinction is one of the most difficult areas of copyright law but far from academic because copyright law doesn’t protect ideas, but it does protect expressions of ideas. And this distinction remains key to technology copyright cases. Continue reading

Costs Claimed Out of Whack? Move to Tax Them

507797495To the victor go the spoils. But that doesn’t mean the prevailing party can get whatever it wants in claimed costs. If you disagree with the costs listed in the prevailing party’s costs memorandum, file and serve a motion to tax costs. Here’s how. Continue reading

4 Preliminary Questions for Every Deposition You Take

185496686Before you get to the substantive questions, make sure to ask these four important preliminary questions in every deposition you take. Continue reading

Volunteers Cause Winery Woes

vinyardVolunteers and for-profit businesses shouldn’t be served together. That lesson has proved to be fatal for a small California winery. Continue reading

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