The Legal Complications of BYOD

As more and more companies rushed to hastily implement their own home-cooked BYOD-based mobile device/apps management policies to cash in on the new fangled idea of gaining enhanced employee productivity, industry experts warned that there were bound to be a few problems along the way. Though most of these problems were related to device management and corporate data security, many legal concerns have also emerged from BYOD implementation. In a BYOD environment, employees are allowed to use the same device for both personal and work-related activities. Here we will discuss some of the grey areas created by BYOD implementation by companies.

Employer’s access to Employees’ Personal Messages/Data

It really was much easier in the RIM (Research In Motion) age of long ago with only a few company-owned BlackBerry phones handled by a select group of high-ranking individuals, who connected to the enterprise network using those mobile devices. As it was company property, there was no question that whatever data was on the device was owned by the employer and the employee was expected to use the device only for of work-related activities. Following the implementation of BYOD, it’s not so clear anymore and many companies forgot to include express instruction related to management of personal data contained on those devices. A device bought and used by an employee under the employer’s BYOD policy may or may not contain a clear definition of what data on the device can be accessed by the employer. In such uncertainty, either party can (and probably will) perceive their situation to be infarction on their rights and demand for legal advice. Personal messages and personal data are only the tip of the iceberg- the situation could include an employee’s personal project, which is considered to be in direct conflict with a current project of the employer and so on. In each of these cases, if a carefully worded legally-valid document stating the current BYOD policy of the employer is unavailable, many of the cases could end up in court and lead to wastage of both time and money for all parties concerned.

Till some years ago, the practice of introducing spyware into enterprise computers to monitor employee behavior was considered to be an acceptable practice and such invasion of privacy was believed to be essential for securing the employer’s interests. Currently, companies have moved towards alternate methods such as blocking access to web pages using firewalls or restricting access to corporate networks using user authentication systems, key-based encryptions etc. Many offshore software development companies provide such enterprise security solutions to companies all over the world. Unfortunately, BYOD devices are not owned by the employer unless they provide reimbursement for the device purchased by the employee and mention the same in the BYOD policy document. This is a veritable legal mine-field and there is often no clear answer to the question it poses about- employee’s rights vs. employer’s rights. There are additional problems too, such as, what can the employer legally do, if an employee’s BYOD device contains potentially illegal data such as pirated music, pirated videos or other restricted material? Does the employer have the right to wipe such data or just inform the employee about a possible legal infarction? By informing the employee about the possibility of legal infarction, does the employer become an accomplice to the crime committed by the employee? These are but some of the tough questions that an organization’s legal department needs to figure out in order to develop an efficient BYOD strategy.

The Grey Area Intersecting Cyber Risk Insurance and BYOD

In legal terms, an organization (company) is considered to be an entity with the right to protect its existence as well as itself from criminal acts as well as other actions that have a detrimental effect on its operations. In order to reduce the losses incurred by breach of data security, many firms are resorting to the use of Cyber Risk Insurance as a tool to reduce probable losses. However, a new problem has emerged subsequent to introduction of BYOD in the enterprise. A number of the current cyber risk insurance policies currently in effect, provide organizations coverage for only those security breaches, which originate from company-owned devices. As, BYOD devices are employee owned and not company-owned (unless otherwise mentioned in any employee-employer agreement), such devices are not covered by many of the existing and currently applicable Cyber Risk Insurance policies. In such a case, if a security breach in the corporate network occurs due to improper usage of an employee-owned BYOD device, the insurance company can (and most probably will) decline any payout to the organization as such as device is not covered by the currently applicable Cyber Risk Insurance policy. I think this classifies as an example of the classic “out of the fire pan, into the fire” situation!

Some Probable Solutions

The first possible solution can be based on the point of view that “prevention is better than cure.” To that effect, an employee can choose to own two separate devices one for use at the workplace and the other for personal use, however that nullifies a key benefit of BYOD- having a single device of the employees choice for all of his/her work and personal requirements. Some legal experts have also advised employers to seek legal counsel at the time of signing a BYOD agreement to ensure that their rights as an individual are not infringed by the agreement, however, in practice that might be difficult as well as quite unfeasible for both the employee and the employer. The unfortunate fact is that, legal processes tend to move quite slowly as compared to the blazing speed of IT technology and mobile apps development and this creates gaps such as the gap caused between BYOD and its legal implications for the enterprise. It hence falls upon companies to introduce proper protocols to ensure that such situations are prevented wherever possible and also ensuring that an employee understands the ramifications of the security policy / BYOD policy currently followed by the employer. All of this is a source of concern provided that employers actually continue with the deployment of BYOD at the work place, though it is doubtful that the policy of enterprise BYOD would reverse itself following the current enterprise environment.

With respect to the cyber risk insurance situation, it is definitely advisable for organizations to carefully review the existing terms and policies of their insurance. If required, organizations would negotiate with the insurance to add new elements to the existing policy or if necessary, search for a new insurer to ensure that the corporation’s interests are adequately protected. Additionally, investing in custom software development targeted at strengthening the security of sensitive corporate data available on the company’s servers would also help organization weather out this BYOD storm.

Cybercrime in Canada

It is normal that during the course of human history criminals try to use most of the new inventions for their cause. While the Internet itself is very young it is already filled with various criminals that are committing frauds, stealing information, stalking or harassing people. And it is also natural that after some time the countries with most internet users created laws that allowed prosecuting the online criminals.

In Canada the definition of computer crime is taken from the international Convention on Cybercrime that occurred on November 23, 2001. Canada contributed, and is a signatory, to this international of criminal offences involving the use of computers: offences against the confidentiality, integrity and availability of computer data and systems; computer-related offences; content-related offences; offences related to infringements of copyright and related rights; and ancillary liability. Today Canada is in the stage of ratifying the Convention of Cybercrime, so in practice Canadian Criminal Code contains a set of laws for regulating the computer crimes, but it may view some of the offences in a different way. Still most of them are classified as following. The Offences against the confidentiality, integrity and availability of computer data and systems include: illegal access, illegal interception, data interference, system interference, misuse of devices. The computer-related offences include: computer-related forgery and computer-related fraud. The content-related offences include: offences related to child pornography. The offences related to infringements of copyright and related rights naturally include everything related to the violation of copyrights and digital rights. The ancillary liability offences include things like attempt and aiding or abetting and corporate liability. Computer crimes touch a lot of parts of the law so in Canada various sections of the Canadian Criminal Code deal with various computer crimes. The theft, forgery of credit cards and unauthorized use of computer is regulated by the Section 342. Privacy is regulated by section 184 and personation with section 403. Also some of the crimes are regulated with Bill C-46. As Canada has not yet ratified this Additional Protocol to the Convention on cybercrime its Criminal Code may not fully address the following criminal offences:

The computer crimes that are still partly excluded from the Canadian Criminal Code mostly deal with discrimination and include: dissemination of racist and xenophobic material through computer systems; racist and xenophobic motivated threat; racist and xenophobic motivated insult; denial, gross minimization, approval or justification of genocide or crimes against humanity; aiding and abetting.

Mostly the targets of the serious computer criminals are the companies and individuals from North America and Europe, so these governments that are mostly affected by cybercrime are giving a great effort on providing an appropriate legislation. The main problem of the Computer Crimes legislation is that the criminal itself can be from any part of the world, and at some points he will be protected by the local laws, or lack of local cybercrime laws. That’s why it is crucial for all the countries in the world to work together for a one good cause – an Internet Free of Crime.

Privacy Law Will Need to be Reformed in The Modern Age of Technological Media

Keeping secrets in the age of tweets is going to be somewhat of a challenge. Britain’s privacy law is a mess and increasingly unsustainable. Taking common law principles of fairness, add a dash of European human rights legislation, a lucrative tabloid trade in kiss and tells stories and ineffective press watchdog, touch or banks about service justice and the technology that makes everyone into a publisher and what do you get? The mess of Britain’s privacy laws. Now, under sweeping review by jointly both Houses of Parliament.

The latest and most spectacular episode involves a married footballer, Ryan Giggs at Manchester United who went to court to stop news organizations reporting on his alleged affair with a woman who the judge said they had been trying to blackmail him although she denies this. Mr Giggs gained the remedy sought but not the result of which is that his private life became a public scandal with his name featuring in fans Calls in state in use as a catchphrase on talk shows broadcast by 75,000 Twitter users and ultimately on May 23 mention in the House of Commons by Liberal Democrat and P John Fleming. Ordering a parliamentary inquiry: a minister David Cameron said the situation was unsustainable. Few would disagree.

Britain, unlike France, does not have a formal privacy law. European Convention on human rights, Inc International in 1998 made things messier by trying to clashing principles which has a strong defense of freedom of speech and more qualified right to the respective private life. Judges as Parliament has requested them had been chewing over that ever since and issuing closely reasoned rulings that also reflect the press complaints commission definition of public interest journalism. For example, the courts ruled that the daily Mirror was justified in 2001 in printing most parts of the story about a model Naomi Campbell is in drug rehabilitation clinic because it exposed as a reprieve but not the accompanying pictures which intruded on her privacy.

Punishing those who gratuitously destroy privacy is one thing and features in legal systems all over the world. Held his first identify rape victims reason Apple are usually severe. The real problem comes when judges try to protect privacy by stopping newspapers from breaching it in the first place. The argument is a strong one and a breach of privacy causes irreversible harm. In libel cases, untruthful damage to reputation can be restored by an apology and damages the once embarrassing private information is and is close comments as public the matter how litre is punished. However, the practical difficulties of protecting court-ordered privacy are increasingly daunting.

Anonymity orders are often issued against newspapers a few hours before publication as an interim measure tendering for hearing. That may keep the offending material from the hearing publication explicitly in the mainstream media. But it does not prevent coyly coded references to a story appearing which can be glaringly obvious to those in the know. That does not stop story or perhaps exaggerated or incorrect versions of it appearing on blogs, Twitter and Facebook. Tracing the identities of those who post such illicit material on social networking sites mostly based overseas may prove to be impossible.

Once the news is out on the Internet, brings fiercely competitive tabloids become frenzied in their attempts to reveal the full story first. Mr Giggs’s case, the big breach came in a Scottish paper the Sunday Herald, ignore the injunction issued by the London court. This is a legal grey area in Scotland has its own legal system and proven lawyers usually make sure they apply for an interview to their to match any injunction obtained elsewhere. However, Mr Giggs did not.

The court’s inability to stem the tide of technological fields had risks eroding the authority of the whole legal system. But secrecy corrodes it too. Some anonymity orders in recent years have been accompanied by drastic restrictions have even denied their existence and may not be recorded. These are the so-called super injunctions which are rare, and minimize any problem in occurrence. The same race around secrecy and family law cases. Some MPs fill the judges have got to be three weeks, for example, by becoming too fond of ordering litigants to talk nobody about the case.

This raises the questions. When one kind of supremacy of a court order clashes with the sovereignty of Parliament. Britain’s unwritten constitution is frustratingly fuzzy. Mr Henning’s remark came in flat defiance of two senior judges reconsidered the rejected applications with Misty’s injunction, in light of careful legal arguments and in expertise. Mr Henning’s party leader Nick Clegg rebuked him saying that NPC dislikeable to change it rather than flouted. It is unclear who might punish him, or how.

Cyber Bullying Can Now Lead Cyber Bullies to a Fine of Up To Dollor 1000 or 1 Year in Jail

The most popular social networking site Facebook that was designed to catch up with old friends and make new ones has always been in the news for cyber bullying since the term was coined a few years ago. Well not anymore, because this New Year the law has changed in California to penalize those who try to harm others by using fake profiles and e-mail addresses, with the bullying leading to a fine of up to $1,000 and one year in jail.

Cyberbullying can be more destructive than physical violence in a lot of ways because users can remain unidentified on the web, bullies get the chance to take harassment to the extreme and rarely get caught. In reaction to the growing problems surrounding cyber bullying and e-impersonation that are affecting children and adults nationwide, the facebook law is created!

“What Facebook users considered just a prank before is now a defiance of law and I hope it reduces cyber bully and increases internet safety for kids,” remarked the co-founder of popular internet marketing service, Safety Web () .

Cyber bullying has garnered nationwide attention in the past few years, with many teens committing suicide because of insensitive teasing online by their peers. It is also seen that the bully’s victims often find it difficult to self-report such incidents. Increasing concerns about teenagers safety on social networking sites like Facebook have incited the team of , the leading Web-based Internet monitoring software for parents, to launch the new “Find Help” application on Facebook.

It’s the first online help tool of its kind that enables teens using Facebook to promptly report any violation to Facebook officials. It also involves the leading safety and crisis support organizations related to cyber bullying, child abuse, child exploitation, suicide and depression, runaways, hate issues, drug abuse and issues related to alcohol abuse.

Along with that, parents can also opt for the Facebook monitoring services by to help defend kids from common online dangers. SafetyWeb makes protecting kids and teens online activity easy for any parent with no software to download or programs to install. Parents just need to simply sign up and submit their child’s email address and SafetyWeb takes care of the rest, scanning 45+ social network sites. SafetyWeb also offers a mobile integration allowing parents to use the service from their iPhone. It can also help you in monitoring cell phones of your kids and teens to protect them from bullying on phones.

For more information on protecting your children from cyberbullying, please visit:

San Fernando DUI Lawyer

If you live and work in San Fernando or are visiting and have been arrested for DUI, the first thing which you need to do prior to anything else is to get the services of San Fernando DUI Lawyer. The consequences of DUI charges when proven guilty before a judge or jury can be quite grave. Other than having to be with a suspended driver’s licence, there are chances you may face serious jail term if there were injuries or fatalities in case of car accident. Having DUI charges being preferred against you do not mean that it is the end of life. Having a DUI lawyer by your side will be more beneficial to you than deciding to go on your own.

Nevertheless, you need to know which lawyer you want to represent you at the hearing of your case. For example, there are the public defenders who are assigned to you when you cannot afford the services of a professional attorney and discount attorneys who may be affordable but detrimental to your case. Given the number of cases they have on their hands, they may not give you the much needed time. The best lawyer you will ever get to represent your interest is a professional San Fernando DUI lawyer. These are professional attorneys who have years of experience handling multiple DUI cases and have gained the experience and skills needed to see the case to success.

However, before making a decision on who you want to represent you, it is vital that you consider certain businesses aspect of the attorney you want to represent you. These are discussed herein:

Foremost, you need to establish if the attorney has any experience in DUI cases. The last thing you need is someone who does not have a clue on how to go about the hurdles that may come your way.

Employment Law Attorney & Overtime Exempt

An Overtime Attorney Can Help Make Sense of Overtime Complexities The complexities of employment are limitless due to the wide variety of employment opportunities as well as Federal and state regulations regulating it, making consulting an overtime attorney almost a necessity whenever a question concerning overtime payment arises. Even employers who are making the effort to comply with the law often run afoul of it inadvertently. Employers trying to keep their companies running in uncertain economic times can sometimes make changes in their personnel and policies that cause them to fall out of compliance with the Fair Labor Standards Act and state overtime for exempt employees laws. Others have been known to purposefully withhold validly earned wages and overtime pay counting on their employees’ lack of knowledge to protect Fair Labor Standards Act (FLSA) was enacted to protect the rights of employees to receive premium overtime compensation for working more than 40 hours per week. Overtime lawsuits are especially common today because of the poor economic climate, growing employee awareness, and the complexities of the marketplace as well as the FLSA and other state overtime laws. If you think your employer may owe you for unpaid overtime, the best way to find out if your case may be winnable is to completely fill out our Case Evaluation Form-one of our experienced overtime lawyers will be happy to help you evaluate your situation.

Time is money. Overtime is money times 1.5. Vacations and holidays are money for which no work is done. Then there’s sick leave, maternity leave, jury duty, and all kinds of other time away from the job.

It’s no wonder that time at work, time away from work, and the accrual of various periods of time off are of concern to employers and employees. And, it does indeed get confusing. There is basically one federal law which regulates time, The Fair Labor Standards Act of 1938 (which also regulates child labor), but many states have their own regulations which go beyond federal law. So, in addition to trying to figure out who is exempt or not exempt (nonexempt) from that federal law, one must also make a determination as to who is exempt or not exempt from state regulations.

As much as eighty percent of all questions regarding conditions of employment, e.g., hours of work, vacations, etc., have to do with overtime. While exemptions from the federal Fair Labor Standards Act are often difficult to understand (and determine), overtime regulations are fairly straight-forward but for some reason continue to create confusion. Failure to pay overtime is one of the leading causes of claims against employers, probably more than wrongful discharge, harassment, and stress combined. That of course is not so unusual since potential problems with overtime come with every pay period.

Employers and employees have so many questions regarding and a stake in overtime laws that a chart of the various state laws seems appropriate. Below is a listing of each state and the District of Columbia which displays the state law and the state labor agencies to contact if further information is needed.

Federal law, which applies to almost all businesses involved in interstate commerce, is usually applied when states do not have their own overtime regulations. Therefore, many businesses which are not affected by interstate commerce laws – restaurants for example – would be exempt from overtime provisions of the federal law. If there is no state law as well, then there are no overtime provisions. The reader should note that there are many exemptions to the state laws and wage orders. Examples: In Arkansas, employees who work for hotels, motels and restaurants do no receive overtime until they work in excess of 48 hours in a week; employment law attorney in Maryland who work for amusement parks or recreational establishments are exempt from the overtime laws; in Ohio, special rules apply to county workers; and in Pennsylvania, salespersons, parts men and mechanics in retail car dealerships as well as taxi drivers, radio and television news editors and announcers are exempt from the overtime provisions. In other words, every state with overtime laws has exemptions having nothing to do with the federal Fair Labor Standards Act.

Other articles on this site which attempt to clarify issues regarding exemptions are Salaried But Still Nonexempt and A Title and 37?? Will Buy You a Stamp and Docking Exempt Employees.

Internet Copyright Laws And Why They Don't Always Work

Laws and regulations are an integral part of modern society, and they have been with us for a very long time, many centuries to be exact, giving us a guide to follow and conventions to respect. Well, the Internet has also become an integral part of modern society, and it’s no wonder that many countries all around the world are trying to create Internet or Cyber laws that will govern everything we do online. One of the most important Internet laws is in fact the Internet Copyright Law, and here will be discussed how it works in some detail.

The US Internet Copyright Law

Everything created on the Internet after the date of April 1 1989 is protected under the American Internet Copyright Law. This can in many cases probably be difficult to understand, but the fact is that if you come from the USA, and you have created something and uploaded it on the World Wide Web is the last 20 years or so, this work of your is protected, and it cannot be stolen by anybody. However, this is true only in theory.

The Problems with the Internet Copyright Law

Yes, it is true that you hold all rights to your work as the original author ever since your work has seen the light of the Internet day. Yes, it is also true that you have the right to take action if someone happens to steal your original work from the Web. However, the problem arises when there is more than one country involved in this process. Namely, if you are an American, and your work has been illegally downloaded by a person from let’s say Albania, there’s probably nothing you’ll be able to do about it. The reason for this is the fact that most countries don’t have any rules or regulations regarding the Internet, so even though you might know exactly who stole your work, in many cases you will not be able to act on this fact.

Another important issue related to the Internet Copyright Law is the fact that you often cannot know who violated the law, meaning that there are ways to steal your work from the Internet without you knowing who was actually responsible. For example, modern technology can, by tracing IP addresses, tell you where the person who stole your work was, but can never tell you exactly who this person is.

The Internet Copyright Law and Plagiarism

Plagiarism is another interesting subject related to the Internet Copyright Law, as in many cases it cannot be proven. For example, if you have taken a photograph and uploaded it to the Web, and if someone took this photo without crediting you as the original author, then you can make this person remove the photo, or even sue the person. However, if you have written an original article, for instance, and uploaded it on the Internet, you cannot do anything if someone read your article and steals the idea, even though plagiarism is actually defined as using someone else’s words, quotes or even ideas as their own.

The Current Federal Minimum Wage

History of Minimum Wage Law The first form of minimum wage law was introduced in 1896, but instead of requiring employers to pay at least a guaranteed minimum wage amount, the law in its infancy only set up arbitration boards to prevent labor strikes. Australia, New Zealand, the United Kingdom and the colony of Victoria, Austria were the first to establish laws creating arbitration boards of this nature. The first of these laws were created in New Zealand in 1896 under the Industrial Conciliation and Arbitration Act. 1899 is when Victoria, Austria came on board with arbitration counsels. In 1907, Australia set a “living wage” for a family of four.

The Trade Boards Act established arbitration boards in 1909 for the United Kingdom. In 1912, Massachusetts and the United States were the first to set minimum wages for women and children in an attempt to control the proliferation of sweat shops and manufacturing industries. It was not until the Fair Labor Standards Act of 1938 was passed in the U.S. that a national minimum wage standard was set for most workers in the public and private sector. The law for minimum wage in the US is mandated by FLSA guidelines and the current minimum wage standard is $7.25/ hour. Some states have yet to set a minimum wage law.

These states include Alabama, Louisiana, Mississippi, South Carolina, and Tennessee. Other states require employers to pay even more than the $7.25/ hour while other state standards are less than national standards. In cases where an employee is subject to both state and federal laws, the employee is entitled to the higher of the two. These laws were just the beginning. New employment and labor laws now include overtime laws, as well as mandatory overtime and employment law group exemption rules. State overtime laws vary widely. If you think you’re employer owes you overtime pay that was unfairly withheld, fill out our Case Evaluation Form to consult with a reliable overtime lawyer about the merits of your case.

This entry was posted in FLSA Overtime Blog and tagged fair labor standards act, flsa overtime law, minimum wage.

As United States citizens, our way of legally providing for others and ourselves is through a vocation. We work each week for an agreed upon wage. The median earning in 2007 for men who worked full time was $45,113. For women, the median earning for the year was $35,102 (U.S. Census Bureau). That would mean men earn $21.69 per hour, and $16.88 per hour for women. Now imagine living off almost half of that. Can it be done?

According to the U.S. Department of Labor, the federal minimum wage is $6.55 per hour. A single man or woman who works full time, who takes no vacations or sick days, will accumulate a pre-tax total of $13,624 for the year. That sum is roughly $21,000 less than what an average woman makes and $32,000 less than what the average man makes. After the IRS, Medicare, and Social Security take their total share of $1,510, one is left with only $12,114 net pay to be used for expenses and such for the year.

Essential expenses will come out of the net pay first, which includes shelter, food, clothing, and household items like soap, toothbrushes, and toothpaste. I recently saw a rental place charging $475 per month including utilities, so I will be using that amount as rent for this example. As for food, fresh produce and meats are out of the question due to their particularly high prices. The next best thing would be to purchase a box of pasta (macaroni and cheese or spaghetti) and peanut butter, which could replace the unobtainable fresh meats due to the fact that peanut butter is high in nutritional fat and protein. Though not extremely tasty, both would satisfy hunger needs, are high in calories and can be purchased for less than $5 per day. In other words, a minimum wage earner can feed them self for $1,825 a year. Clothing can easily be purchased at a thrift or discount store for $50 a month, and household necessities can be purchased for around $50 per month as well. This makes clothing and household necessities totaling to $1,200 per year. Collectively rent, food, clothing, and household items will cost a single, minimum wage earner $8,725 per year, leaving a net total of only a measly $3,389 per year.

Next would come secondary expenditures such as emergency funds, entertainment, and other miscellaneous expenses. At least $1,000 per month should be set aside for emergency purposes, and though that may not seem like a lot, with such a tight budget it will have to do. Another $1,000 could be set aside for miscellaneous expenses such as taking the bus or purchasing a bike because affording a car or gas for the car would be nearly impossible on such a small income. Entertainment in a predicament like this would be limited to buying a CD or going to see the matinee at a local movie theater. One could set aside $25 per month or $300 per year for such purposes. Also keep in mind the possibility of free entertainment like the use of public parks will help aid in ones search for low-cost entertainment. These particular expenses total $2,300, leaving us with a net total of merely $1,089 for the year. So once again these expenditures take an immense amount out of a minute net total.

As one can see, there is a thinning fine line between whether one can live off minimum wage or not. A yearly net total of just $1,089 does not leave room for fluctuation in how one spends their money. Even in the best-case scenario outlined in this example, it would be difficult for a minimum wage earner to take any time off of work. One day off for any circumstance will make it inevitably harder to live on minimum wage. If the wage earner is unable to locate and secure inexpensive housing and absolutely does not need a car, these expenses will indisputably make it near impossible to live with one minimum wage job. Also left out of this example were costly habits such as smoking, and the assumption that the earner did not accumulate debt, which both can be extremely costly. Sometimes so costly that it would reach a point where there would be no way of being able to live off current federal minimum wage. Minimum wage at this moment in time apparently does mean minimum living.

Civil Litigation Attorney Your Helping Hand

Litigation attorneys, also known as “litigators” or “trial lawyers” are the attorneys that defend individual or companies on civil cases. A litigation attorney manages all the phases of the litigation process including the investigation, pleadings and discovery to pre-trial, trial, settlement and appeal.

The responsibilities of a litishpriscigation attorney vary depending on whether the litigation attorney is representing the plaintiff or the defendant.

Preliminary steps taken by a civil litigation lawyer:

First of all, the litigation lawyer should examine very carefully all the evidences of the case. This is one of the most important aspects of the case.

The following steps are part of the process:

Locating witnesses.Taking witness statements.Gathering documents.Interviewing the client and investigating the facts leading to the dispute.

A Civil Litigation Attorney always tries to solve the case by a pre- litigation settlement before taking a case to the court.

In order to defend their clients, civil litigation attorneys may submit a variety of pleadings and motions. In response to the pleading submission, the attorneys investigate the allegations of the lawsuit so that they can form the response properly.


The next step is the discovery process where the parties exchange relevant information and the litigation attorney looks for the physical evidence.

During the discovery process, the following means are used:

Interrogatories.Depositions.Requests for production of documents.Requests for admission.

After that, the litigation attorneys advise and prepare their clients to the lawsuit.

Final Lawsuit:

Like said before, the civil litigation attorneys aim to solve the case before taking it to the court. However, when the parties don’t accept the proposed agreement, the case goes to trial. In that case, the attorneys have to present the case in front of a judge and work hard to get a positive client result.

Important points to consider about litigation lawyer

If you are considering filing a lawsuit, you should seek a litigation lawyer. But before hiring one, here are some important points you should consider:

Find out the field of expertise of the lawyer. For example, if you are looking for a lawyer to assist in your divorce, a lawyer specialized in personal injury will not able to help you out.Analyze the past cases of the lawyer including his win and lost record. If the win record of the firm is higher than the lost, that may be a good indication that you are in safe hands.Discuss the costs of the lawsuit before hiring the lawyer.Discuss your case and let him evaluate whether or not you even have a them about their communication strategy. How often do they update their clients? Regular communication between clients and law firms is very important.

Attorney General Declares War on Cyber Criminals

As criminal attorneys focused on white collar investigations and jury trials, we have seen a noticeable increase in the prosecution of computer related crimes. This is no surprise as United States Attorney Eric Holder has made the prosecution of “cyber crime” a priority for his administration. It is the Attorney General’s responsibility to assist legislators in drafting laws that address crimes involving rapidly changing technologies. In addition, his office must develop investigative techniques to solve cyber crimes – crimes which are typically committed by more sophisticated and savvy individuals with no eye witnesses.

There has been a noticeable increase in recent years in prosecutions for computer crimes such as identity theft, unauthorized access to computer databases, wire fraud related to illegal use of the internet, child pornography, internet child enticement, and the like.

There seems to also have been more international cooperation with the Attorney General in the prosecution of alleged cyber criminals abroad. For several years, Nigerian check scams, eBay fraud and the like were rampant, but difficult for prosecutors to stop due to the fact they were being committed by faceless computers from thousands of miles away. With more focus on capturing those responsible for these international schemes, there have been more extraditions and prosecutions in the United States such as the prosecution of Emmanuel Ekhator who is accused of stealing over $32 million dollars from 80 United States law firms from over seas in a fraudulent counterfeit check scheme initiated over the internet.

With this zealous focus on cyber crimes, the technology used by cyber criminals evolves at a faster pace than the technology of law enforcement. It is believed that cyber criminals have developed technology in some cases that allow them to remotely access the computers of unknowing persons and commit crimes from their computers without the owners’ knowledge or involvement. This is dangerous for those charged with computer crimes, and it must be determined if they are the actual perpetrator, or an innocent patsy whose computer was hijacked.

With our day to day lives being conducted on the internet through social media, email, and even online banking, cyber crime is not going anywhere, and we expect more innocent computer owners will find their computers being utilized by remote criminals. If you find yourself charged with a computer related crime, it is important for you to contact a knowledgeable criminal attorney who has experience in representing those accused of technological crime.