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e-Discovery And Inevitable Litigation
Electronic discovery in today's quickly changing litigation environment presents many new demands and dangers for counsel and risk management executives. Dire warnings are being issued about the consequences of e-discovery, and with good reason. In cases such as Zubulake v. UBS Warburg LLC, 2004 U.S. Dist. Lexis 13574 (S.D.N.Y) (Zubulake V), companies have been punished for failing, in the court's eyes, to preserve electronic evidence properly. The penalties range from the severe ' attorneys' fees ' to the extreme ' the entry of default judgment.
There are, however, steps you can take now ' before a lawsuit is filed ' that may improve your company's ability to preserve electronic evidence without unduly burdening day-to-day operations.
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.