What is forensic evidence in a criminal matter. It’s a near certainty in today’s mobile culture that your criminal lawyer will need to deal with traces of digital evidence somewhere in your criminal case. In cases where information is hidden, erased or altered in some way forensics allows us to discover more information, to draw additional conclusions about existing evidence and even find new material.
It’s important to know where to find the digital bread crumbs. Each day new locations for data are created, new methods of communication, new programs designed to store, encrypt, or automatically erase critical information are deployed. But where should you look? It’s important to have a checklist that is growing all the time but includes at least the following:
Forensic evidence may even be available from “old school” technology such asRead Full
Creating an effective parenting plan in a divorce takes forethought and a solid understanding of family law to know what make up a good plan. Some preliminary thoughts to consider are:
A host of issues face transgender persons when trying to obtain fair access to the legal system. Some of the most important concerns are:
How can attorneys make their offices a safe place for transgender persons. Here are a few ideas: Make sure your office is a non-discriminatory environment. Make sure to include gender identity and sexual orientation in your official non-discrimination policy. Be careful with pronouns and issues surrounding transition.
Make sure your restroom are non-gendered and available to your transgender clients but do not “require” that transgender persons use them. Have a policy that allows trans people to use the gendered bathroom of their choice and educate staff and about your restroom policies. Be accommodating but don’t make assumptions when providing directions or keys to restrooms.Read Full
Famed prosecutor, criminal lawyer attorney, civil litigator and judge Irving Younger is well known for his “Ten Commandments of Cross Examination”. Lauded as some of the best advice ever for trial lawyers, are these rules to live by still valid for today’s modern courtroom?
Acquisitions can be effected in various ways. It may be best to structure the acquisition as an asset purchase, a stock purchase, a stock purchase treated as an asset purchase for tax purposes, or a merger. This article focuses on drafting asset acquisitions.
Clarity is key. Conciseness helps. Lawyers must pay special attention in providing clear descriptions of the following: (1) purchase price; (2) purchase price adjustments; (3) included assets; (4) excluded assets, (5) assumed liabilities; (6) excluded liabilities; (7) seller’s representations and warranties on the physical condition of assets and the financial condition of the related business; (8) the parties’ pre-closing covenants [commitments] and negative covenants [prohibitions]; (9) the parties’ post-closing covenants and negative covenants; (10) indemnification by seller and buyer; (11) conditions to closing; and (12) remedies for breach.
Most relatively complicated asset purchase agreements place the definitions of terms at the front of the document following the recitals that provide the background of the transaction. Some practitioners prefer to place the definitions at the end of the document. In general, the more complicated the transaction, the more important the definitions. A term may be defined in an uncommon way. Reference to the precise definition is the only way to make sense of the body of the agreement. Placing the definitions front and center emphasizes their importance. A novice who reads the body of the agreement before referring to the definitions may be in for a rude awakening.Read Full