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Why the D.A. Had to Drop the DSK Case
Mitra Hormozi, who was most recently chair of the New York State Public Integrity Commission and has served as deputy chief of staff in the New York Attorney General's Office and as an assistant U.S. attorney in the Eastern District, writes: While some jurisdictions permit a prosecutor to go forward when he or she is not convinced of the guilt of a defendant (so long as there is probable cause to support the case), that has not been the standard relied on by New York City's state and federal prosecutors. Nor should it be.Questions Seeking Resolution in 'Viacom v. YouTube' Remand
In their Copyright Law column, Robert J. Bernstein.who practices in The Law Office of Robert J. Bernstein, and Robert W. Clarida, a partner at Reitler Kailas & Rosenblatt, write that the crux of the dispute concerns whether YouTube qualifies for the safe harbor provision set forth in �512 (c) of the DMCA, 17 U.S.C. �512(c), which requires that an ISP have neither actual nor constructive knowledge of the infringing activity nor the right and ability to control it.Analyzing Claims Under Computer Fraud and Abuse Act
In their Privacy Matters column, Richard Raysman, a partner at Holland & Knight and Peter Brown, a partner at Baker & Hostetler, discuss "unauthorized access" under the CFAA as it relates to employees who abuse computer access privileges and misuse company information, as well as the use of novel CFAA theories to seek redress from the transmission of unwanted data to mobile phones and communication systems.Judge Hit With Ethics Charges for Presiding Over Release of a Relative
Mercer County's presiding Criminal Part judge has been charged violating ethics rules by ordering the release of a relative who appeared before him as a criminal defendant.Part 2: The 'New' New Jersey False Claims Act: It Was Born to Run
The reality of limited government resources causes both a delay in the pre-complaint investigation of False Claims Act cases at both the federal and state level, and often affects the government's decision to take a primary role in the litigation.Circuit Rejects Weinstein's View on Child Porn Sentence
A mandatory five-year minimum sentence for the distribution of child pornography doesn't come close to violating the shield against cruel and unusual punishment, the Second Circuit said in a decision which led to an extraordinary response from Judge Jack Weinstein bemoaning the "unnecessary cruelty of our federal law."The Real Deal: High School and College Mock Trials Inspire Judge's Career Choice
When Judge Alfonso Charles told his father he wanted to be a lawyer, his dad was not thrilled with the idea. Lawyers and politicians always had been the butts of jokes for the family, he says. Charles originally was on track to become a doctor, but a college class on law and psychology and a mock trial on a 1980 murder trial in McKinney changed his mind.Making Tattoos and Piercings a Workplace Issue Without Breaking the Law
Just how far can employers go in acting against workers based on professional image alone? Legal issues related to employee lifestyle are rapidly changing.Trending Stories
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