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Litigation in the Internet Age involves document reviews of a magnitude not seen before. Leveraging advances in information technology, the world created more documents last year than in all the years combined since Gutenberg invented the printing press. This explosion of new data shows no signs of abating as individuals and companies continue to embrace new technologies such as instant messenger, voice over IP messaging, MP3 and digital video.
Both case law and recent changes to the Federal Rules of Civil Procedure make clear that electronic data is fair game in discovery and impose strict requirements around its preservation and production. Litigants that fail to preserve or produce enough data risk potentially draconian sanctions that can include findings of spoliation and adverse inferences. On the other hand, litigants that produce documents too freely can find themselves facing a waiver of privilege claim if a speck of privileged information slips through the review net.
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.
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?
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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.