Any litigator tasking interviews of potential witnesses needs to know about the no-contact rule (ABA Model Rule 4.2)[1], which forbids talking to represented people on the other side of a case. This also goes for most current employees of the other side — certainly any employee senior enough to make critical decisions or
Why Your Investigator Should Have a Sense of Humor (Seriously)
In a partially hilarious, partially disturbing article this week in The Wall Street Journal, “Facebook Has No Sense of Humor,” the Editor in Chief of the satirical website The Babylon Bee related that two patently ridiculous “news” stories had recently been fact-checked by Snopes: The Onion’s “Shelling From Royal Caribbean’s M.S. ‘Allure’ Sinks Carnival
The Changing Face of Privacy for Investigations
We always like to say that when we find out about a person, we do so without invading their privacy. That can still mean we find out a lot of things about them that they would rather keep secret, but those facts are derived from what we can legally look at: legal records, mortgages and
How to Improve Your On Line Security (Even if People Know Your Phone Number)
The New York Times published in interesting piece this week that was among its most popular: I Shared My Phone Number. I Learned I Shouldn’t Have.
In it, the paper’s personal tech columnist Brian X. Chen explained how much information people can get about you with just your phone number. This includes “my current
The Bumbling Spies of Black Cube: Lawyers Beware
If you haven’t seen the amusing and disturbing piece in the Wall Street Journal this week about Black Cube, the band of former Mossad (Israeli secret service) agents, it’s worth a look.
The article explains that Black Cube’s people run around the world pretending to be people they are not, in order to investigate private,
Atlanta Paper Exposes Widespread Violation of Federal Law by Private Investigators and the Lawyers That Enable Them
Great work by the Atlanta Journal Constitution on an issue that’s bugged me for years: the brazen violation of federal law by investigators and the lawyers who hire them.
At issue is the Gramm Leach Bliley Act, meant to protect the confidentiality of banking records. You are not allowed to pretend to be someone
Artificial Intelligence: In Law, Logic Only Goes So Far
Do you ever wonder why some gifted small children play Mozart, but you never see any child prodigy lawyers who can draft a complicated will?
The reason is that the rules of how to play the piano have far fewer permutations and judgment calls than deciding what should go into a will. “Do this, not
Artificial Intelligence in Law: The Challenge of the Unlimited-Document Universe
Anyone following artificial intelligence in law knows that its first great cost saving has been in the area of document discovery. Machines can sort through duplicates so that associates don’t have to read the same document seven times, and they can string together thousands of emails to put together a quick-to-read series of a dozen
The Cosby Trial’s Lesson: Evidence is Good, Admissible Evidence is Better
One lawyer we know has a stock answer when clients ask him how good their case is: “I don’t know. The courts are the most lawless place in America.”
What he means is that even though the law is supposed to foster predictability so that we will know how to act without breaking our society’s
EB-5 Visa Due Diligence: How to Spot the Warning Signs of Fraud
Another EB-5 visa fraud, more burned investors. For people outside the United States trying to pick a reputable investment that will get them permanent residency in the U.S., sorting through hundreds of projects is often the hardest part of the job.
There is plenty written about what you should do before you invest, one of