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e-Discovery Docket Sheet
Court Denies Access to Defendant's e-Records in Overbroad Request
The Secretary of the Commonwealth of Massachusetts sought compliance with a subpoena duces tecum served on the defendant in connection with a proposed merger agreement. The defendant contended that nothing remained to be litigated and that it complied properly with all outstanding requests from the secretary. Inter alia, the secretary sought an order requiring the defendant, at its own expense, to permit a vendor the opportunity to “search all e-mail, servers, archives, discs, back-up tapes, hard drives (of all computers of Gillette and Gillette personnel), and all back-up systems thereof, and all other data bases of Gillette necessary to investigate and accomplish retrieval, preservation and copying of the documents.” In denying the secretary's proposed order, the court noted several factors making the effort impossible to comply with, including the size of the defendant's organization, the volume of computerized information, the defendant's e-mail retention policy and the effort required to conduct a privilege review. Galvin v. Gillette Co., 19 Mass.L.Rptr. 380 (Mass. Super. 2005).
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.
'Insurable Interest' and the Scope of First-Party Coverage
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.