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Dispute Resolution Law Blog

5 August 2014

Revenge porn – no need to change the law

Last week’s report of the House of Lords Communications Committee has once again highlighted the increasing problem of “revenge porn”.  Revenge porn arises when persons, often ex-partners, post sexually explicit pictures and videos on websites and social media networks to try to embarrass and humiliate the ex-partner following a break-up.

We have addressed the question of online abuse and harassment in a previous blog – “Anti Social Media: how the Law can Tackle Online Abuse and Harassment”.

1 August 2014

Illegal search and seizure outside the US? A customer’s emails stored in Ireland must be disclosed to US government investigators

A New York Court has held that Microsoft Corp must disclose to investigators the content of an unidentified customer’s MSN.com web based email account stored in a data center in Ireland that it controls and maintains to the US government in the context of an investigation. As the US District Judge upheld the Federal Magistrate’s decision, Microsoft, which argued that this was an illegal search and seizure of customer information held outside the US, lost its challenge to the US government search warrant. Microsoft has already indicated its intention to appeal.

17 July 2014

Thinking of excluding children from your inheritance? It may be harder than you think

In England and Wales, you have the right to leave your estate to whomever you choose, as in the case of Sting who is choosing not to pass on his £180 million fortune to his children. But things become more complicated if you have assets in other countries.

Katherine Pymont

4 July 2014

Norwich Pharmacal order: providing assistance and information to another party – costs denied

Under the Norwich Pharmacal procedure the court can order that an individual or entity (the third party), who is not a party to court proceedings but who must be, innocently or not, mixed up in the wrongdoing, must assist a party to those proceedings (the applicant) by providing information or documents in respect of the (intended) proceedings.  The information/documents might be required to enable the applicant to identify the wrongdoer, to pursue its claim and plead its case fully, to identify the full nature of the wrongdoing and/or to trace assets. In these circumstances the usual costs rule followed by the court is that the party seeking the information bears the costs and expenses incurred by the third party in complying with the order and in providing that information. 

Fiona Simpson

4 July 2014

Ponzi schemes and boiler room frauds - if it sounds too good to be true, it probably is

Ponzi schemes and boiler room frauds are presented as ways to get-rich-quick.  How can you identify whether you have been a victim of these frauds and what civil actions could be taken going forward? 

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