Federal practice - computer evidence

Article Abstract:

Computer-generated evidence has become pervasive and ranges from business records to government reports. Three rules of thumb are necessary to understand this type of evidence. First, ordinary evidence rules suffice to judge admissibility for those common types of computer-generated evidence without genuine issues of trustworthiness. Second, some computer-generated exhibits are inherently hearsay because of being extrajudicial assertions. A decision on whether any hearsay exemption or exception applies would be necessary for these. The criteria for the third category, where a genuine issue of trustworthiness exists, are detailed.

Computers, Laws, regulations and rules, Digital computers, Testimony, Evidence, Hearsay, Hearsay evidence

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Federal practice; securities pleadings

Article Abstract:

The Securities Litigation Uniform Standards Act of 1998 repeats the same congressional concern with "abuses in private securities fraud lawsuits" that prompted passage of the earlier law, the Private Securities Litigation Reform Act of 1995. As a result of its adoption, the Reform Act strictures will apply even more broadly. The 1998 law generally permits the removal to federal court of state court securities fraud actions and abolishes state-law causes of action in securities fraud cases.

Securities fraud

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Federal practice; ethical issues

Article Abstract:

Federal practice generates many ethical issues, and the US Judicial Conference's Standing Committee on Rules of Practice and Procedure is drafting uniform federal rules to govern attorney conduct. The draft Federal Rules of Attorney Conduct adhere to the idea that ethics rules should largely be identical to those of the state in which the case is located. A choice-of-law provision patterned after ABA Model Rule 8.5 is also part of the draft. Case law on these issues is reviewed.

Conflict of interests (Attorneys), Conflicts of interest (Lawyers), Disqualification of attorneys, Lawyer disqualification

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