The New Jersey Supreme Court decided that a couple’s private communications remain protected under the marital communication privilege pursuant to N.J.R.E. 509 despite those communications being wiretapped by State...more
Flatworld Interactives ("Flatworld") filed a patent infringement action against Apple Inc. ("Apple"). During the litigation, Apple sought the production of several documents that Flatworld claimed were protected by the...more
- Over the past four years, the government has broadened the use of wiretaps to include insider trading, and to great success (the recent convictions of Raj Rajaratnam and Rajat Gupta serve as examples of...more
- SEC Changes Course: Some Companies Must Now Admit Wrongdoing
- Fifth Circuit’s Recent Dodd-Frank Whistleblower Ruling May Benefit Employers
- “Love and Marriage” – New Jersey Supreme Court...more
I got caught this April Fools’ Day by a very funny and elaborate April Fools’ prank by my partner Shep Davidson, co-author with Renee Inomata of The In-House Advisor blog.
It made me think about a real evidentiary...more
On December 13, 2012, the Fourth Circuit found that emails sent from a husband to a wife were not protected by the marital privilege because they were sent from his work computer....more
Sometimes we can learn valuable employment law lessons from even the non-employment law court decisions.
What happens if the boardroom meeting to discuss your company’s trade secrets ends up as pillow talk between an...more
On December 13, the U.S. Court of Appeals for the Fourth Circuit held that the marital privilege does not protect information included in emails exchanged via a spouse’s employer-owned computer and network. United States v....more
Happy new year, everybody! Although I've been on vacation, the news never sleeps, and the Mayans were wrong. Accordingly, I have a few items to catch you up on....more
Communications between spouses are typically accorded a “marital communications privilege” because they are “regarded as so essential to the preservation of the marriage relationship as to outweigh the disadvantages to the...more
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