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Preparing for an FRCP 'Meet and Confer'
In today's litigious environment, both law firms and corporations are under mounting pressure to be much more proactive and process oriented when managing electronic discovery requests. This need is further compounded by the amendments to the Federal Rules of Civil Procedure (FRCP) that went into effect on December 1.
The intent of the new amendments is for cases to run smoother and focus on the merits rather than on the electronic discovery process. With the new elements in the 'meet and confer' conference requirement, counsel is now expected to understand its client's information infrastructure in order to negotiate what material will be disclosed, how it will be produced and in what timeframe. If either party has concerns about preservation, costs or burden, this is the time that these arguments need to be raised. The amendments also include a good faith and reasonableness 'safe harbor' provision that may protect the client in the event potentially relevant evidence is not preserved due to unintentional conduct. Most alarming is that all of this discussion and a good part of this activity, under FRCP Rule 26(f), must take place and be presented to the court within 120 days of lawsuits being served in federal court.
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.