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e-Commerce Docket Sheet
Lawyers Have Duty To Ensure Clients Comply
With e-Evidence Obligations
An attorney has an affirmative duty to take “active steps” to oversee client compliance with discovery obligations and ensure that relevant electronic documents are preserved and produced. Zubulake v. UBS Warburg LLC, No. 02 Civ. 1243 (S.D.N.Y. July 20, 2004). The court found that spoliation had occurred when relevant e-mails had either been purposely or inadvertently deleted, in some cases because of the re-use of backup tapes after the obligation to preserve e-evidence had attached. The court commented that counsel's obligation in supervising compliance includes identifying sources of discoverable electronic information (including by becoming familiar with a client's document-retention policies and data-retention architecture), speaking directly with key individuals (including client information-technology personnel) in the litigation to determine how documents are stored, requiring employees to produce copies of relevant electronic evidence, and providing for the segregation and safeguarding of any archival media, such as backup tapes.
FTC Settles Charges Alleging Retroactive
Change In Privacy Policy
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.