Order to produce evidence

Author(s):  
Winfried Tilmann

At the request of a party which has presented reasonably available evidence sufficient to support its claims and has, in substantiating those claims, specified evidence which lies in the control of the opposing party or a third party, the Court may order the opposing party or a third party to present such evidence, subject to the protection of confidential information. Such order shall not result in an obligation of self-incrimination.

Author(s):  
Hans-Jürgen Ahrens

Where a party has presented reasonably available and plausible evidence in support of its claims and has, in substantiating those claims, specified evidence which lies in the control of the other party or a third party, the Court may on a reasoned request by the party specifying such evidence, order that other party or third party to produce such evidence. For the protection of confidential information the Court may order that the evidence be disclosed to certain named persons only and be subject to appropriate terms of non-disclosure.


2021 ◽  
Vol 266 ◽  
pp. 09006
Author(s):  
L.A. Balagyozyan ◽  
R.G. Hakobyan

Information exchanged between two parties is often targeted by a third party. Steganography in images is often used for handling threats, such as, in this case, an attacker suspecting the existence of confidential information. But even in this case, if a pattern is used, e.g., hiding the information in successive or every third pixel, the attacker might discover the pattern, and the following revelation of the secret information will cause no difficulties. To avoid such vulnerabilities, the information is hidden in the frames of graphical animation. In the frames, the positions of the pixels selected to store confidential information in the given work are determined by the values of a mathematical function. These actions will ensure the high secrecy of information.


2021 ◽  
Vol 30 (1) ◽  
pp. 307
Author(s):  
Magdalena Surowiec

<p>The article is of a scientific-research nature. The author based her conclusions on the literature and jurisdiction regarding the assignment of claims and on the withdrawal of a lawsuit with a waiver of the claim. A hypothetical situation is presented, in which a plaintiff, during the proceedings concerning the claim for payment, assigns to a third party a claim covered by the lawsuit, after entering into a dispute. A purchaser of a claim is entitled to enter the proceedings, pursuant to Article 192 point 3 of the Code of Civil Procedure, with the consent of the opposing party (defendant). In practice, the judicature extends the interpretation of this provision to the consent of both parties to the proceedings. The problem arises in a situation in which the plaintiff does not consent to the purchaser of the claim being replaced. The latter may thus be deprived of court proceedings through no fault of his own. In addition, the current plaintiff no longer has any interest in continuing the proceedings and may withdraw the lawsuit with a waiver of the claim. The effect of waiving the claim will be, in a way, releasing the defendant from his debt, and thus changing the nature of the claim into natural obligation. The above-mentioned action of the plaintiff, the seller of the claim in the process, will cause damage to the purchaser of the claim up to the amount of the withdrawn lawsuit together with the waiver of the claim. The article indicates the possibility of a broader perspective on subjective changes in the process and the material and legal effects of the parties’ formal actions.</p>


2019 ◽  
Author(s):  
Christopher S. Smillie ◽  
Moshe Biton ◽  
Jose Ordovas-Montanes ◽  
Keri M. Sullivan ◽  
Grace Burgin ◽  
...  

The paper has been withdrawn owing to erroneous inclusion of confidential information relating to a third party.


2018 ◽  
Author(s):  
Andysah Putera Utama Siahaan

Encryption is needed in the digital world. It can help users to secure confidential information that will be sent. Many algorithms can be used to do that. RC4 or Rivest Cipher 4 made by Ron Rivest is a synchronous type of stream cipher that is a cipher that has a symmetric key and encrypts or decrypts plaintext bits per bit by performing XOR operations with a number generated on S-BOX. RC4 can be run with variable key lengths and operate with byte orientation. RC4 encryption method has weaknesses. One of the disadvantages of RC4 is that the attacker can know the sample or the entire plaintext of the ciphertext without having to know the encryption key. RC4 merger with Adler32 will help improve data security. Adler32 still has weaknesses. Although these weaknesses are rare, if a third party can combine the values of A and B according to the modified results in the text, changes in information can occur even though the feature value of the hash function has the same value before and after modification. The hash function value can be solved to get the A and B values; then the information will be modified and adjusted to the A and B values. The result is that the information is no longer original while the hash function indicates that the information is still original. However, Adler32 is very helpful when combined with RC4 where both algorithms work together to improve the security and validity of a document.


Author(s):  
Winfried Tilmann

To protect the trade secrets, personal data or other confidential information of a party to the proceedings or of a third party, or to prevent an abuse of evidence, the Court may order that the collection and use of evidence in proceedings before it be restricted or prohibited or that access to such evidence be restricted to specific persons.


2016 ◽  
Vol 27 (2) ◽  
pp. 275-298 ◽  
Author(s):  
Barry Goldman ◽  
Debra L. Shapiro ◽  
Matthew Pearsall

Purpose The paper aims to investigate why organizations often opt to reject Equal Employment Opportunity Commission (EEOC)-sponsored mediation of employment disputes (in contrast to employees who tend to readily agree to it). It is guided by recent research associated with Shapiro and Kirkman’s (1999, 2001) theory of “anticipatory justice”, whereby (in)justice is anticipated, or expected, when people think about an event they have not yet experienced whose likely fairness they are questioning. In contrast, “organizational justice” reflects people’s retrospective assessments of how fair they have been treated to date. Design/methodology/approach The paper relied upon data made available by the mediation program administered by the US EEOC. The EEOC provided the names and contact information for the officially designated EEOC contacts for each dispute. The authors distributed surveys to each of these organizational representatives and received completed surveys from 492 organizations (a response rate of 85.8 per cent). Findings The authors tested the extent to which organizational representatives’ decision to accept or reject mediation as a means of settling discrimination claims is influenced by representatives’ expectation of more versus less fair treatments – by the opposing party as well as by the third-party mediator – during the mediation procedure. The pattern of findings in the study support all hypotheses and, thus, also the expectation-oriented theories that have guided them. Research limitations/implications The study relies on self-reports. However, this concern is somewhat lessened because of the salience and recency of events to the time of surveying. Practical implications The paper provides new insights on the need for organizations to implement rules, policies and procedures to constrain decision-maker choices consistent with organizational goals. The authors offer specific procedural proposals to reduce this organizational tendency to reject mediation. Social implications Employee grievances are costly to organizations in terms of finances, reputation and to the emotional climate of the organization. Moreover, it is similarly costly to employees. This study provides new insights to better understand why employees (as opposed to organizations) are almost three times more likely to elect mediation of employment disputes. As such, it offers some promising ideas to narrow that gap. Originality/value The paper investigates a little-studied phenomenon – the differential participation rate of employees versus organizations in EEOC-sponsored mediation.


2020 ◽  
Vol 43 ◽  
Author(s):  
Michael Tomasello

Abstract My response to the commentaries focuses on four issues: (1) the diversity both within and between cultures of the many different faces of obligation; (2) the possible evolutionary roots of the sense of obligation, including possible sources that I did not consider; (3) the possible ontogenetic roots of the sense of obligation, including especially children's understanding of groups from a third-party perspective (rather than through participation, as in my account); and (4) the relation between philosophical accounts of normative phenomena in general – which are pitched as not totally empirical – and empirical accounts such as my own. I have tried to distinguish comments that argue for extensions of the theory from those that represent genuine disagreement.


Author(s):  
Carl E. Henderson

Over the past few years it has become apparent in our multi-user facility that the computer system and software supplied in 1985 with our CAMECA CAMEBAX-MICRO electron microprobe analyzer has the greatest potential for improvement and updating of any component of the instrument. While the standard CAMECA software running on a DEC PDP-11/23+ computer under the RSX-11M operating system can perform almost any task required of the instrument, the commands are not always intuitive and can be difficult to remember for the casual user (of which our laboratory has many). Given the widespread and growing use of other microcomputers (such as PC’s and Macintoshes) by users of the microprobe, the PDP has become the “oddball” and has also fallen behind the state-of-the-art in terms of processing speed and disk storage capabilities. Upgrade paths within products available from DEC are considered to be too expensive for the benefits received. After using a Macintosh for other tasks in the laboratory, such as instrument use and billing records, word processing, and graphics display, its unique and “friendly” user interface suggested an easier-to-use system for computer control of the electron microprobe automation. Specifically a Macintosh IIx was chosen for its capacity for third-party add-on cards used in instrument control.


2008 ◽  
Vol 18 (1) ◽  
pp. 9-20 ◽  
Author(s):  
Mark Kander ◽  
Steve White

Abstract This article explains the development and use of ICD-9-CM diagnosis codes, CPT procedure codes, and HCPCS supply/device codes. Examples of appropriate coding combinations, and Coding rules adopted by most third party payers are given. Additionally, references for complete code lists on the Web and a list of voice-related CPT code edits are included. The reader is given adequate information to report an evaluation or treatment session with accurate diagnosis, procedure, and supply/device codes. Speech-language pathologists can accurately code services when given adequate resources and rules and are encouraged to insert relevant codes in the medical record rather than depend on billing personnel to accurately provide this information. Consultation is available from the Division 3 Reimbursement Committee members and from [email protected] .


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