Legal Articles, General Practice

If I Get Sued because of Something that Happened at Work Does My Employer Have to Pay for My Defense?

If I Get Sued because of Something that Happened at Work Does My Employer Have to Pay for My Defense?

The California Fair Pay Act: What Businesses Can Do to Prepare and Comply

The California Fair Pay Act: What Businesses Can Do to Prepare and Comply

Reminder to San Diego Employers: Deadline to Issue Minimum Wage & Sick Leave Notice is October 1, 2016

Reminder to San Diego Employers: Deadline to Issue Minimum Wage & Sick Leave Notice is October 1, 2016

What Does California’s Legalization of Marijuana Mean for Employers?

What Does California’s Legalization of Marijuana Mean for Employers?

Business Valuation Disputes and Valuation Standards

Business Valuation Disputes and Valuation Standards

What Types of Damages Do Product Liability Cases Recover?

Serious medical issues and debilitating complications can result from product malfunctions and faulty equipment.

What Constitutes “Product Misuse” in a Product Liability Case?

In a product liability case, a product has malfunctioned in a way that causes serious injuries to an individual.

YOUR COMPUTER MAY BE EVIDENCE IN A WILL CONTEST CASE

On August 9, 2016, a New York Surrogate’s Court entered an order requiring an attorney, who had drafted a decedent’s Last Will & Testament which was now the subject of litigation, to produce his computer during discovery.

HURRICANE HARVEY TAX RELIEF

The devastation of Hurricane Harvey will be felt for years to come. While relief efforts are underway to assist victims of the storm the Internal Revenue Service has also established procedures, via announcement or news relief, to assist those adversely impacted.

YOUR PERSONAL REPRESENTATIVES RIGHTS TO YOUR DIGITAL ASSETS

In Ajemian v. Yahoo!, Inc., (Mass., No. SJC-12237, Oct. 16, 2017) the Massachusetts Supreme Judicial Court addressed the issue of whether the personal representative of a decedent’s estate was entitled to access their email account. Yahoo had refused to provide the personal representative with access to the account and the estate was subsequently forced to commence a declaratory judgment action to gain the access it sought. In reliance on the federal Stored Communications Act (SCA) , 18 U.S.C. §§ 2701 et seq., which prohibits unauthorized third parties from accessing communications stored by service providers, the matter was initially decided by the Probate and Family Court Judge by summary judgment. The personal representatives then appealed the ruling. The Massachusetts Supreme Judicial Court reviewed the issue, reversed the lower court ruling and found that the SCA did not prohibit the personal representatives, who stepped into the shoes of the decedent, from accessing the decedent’s emails since the personal representatives consented to the disclosure on the decedent's behalf and granted them unrestricted account access.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.