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Handling E-mail Effectively under the New e-Discovery Rules
Before the technological revolution, conversations were rarely recorded, with their reconstruction left to the warring memories of the witnesses or re-interpretations of handwritten, often cryptic notes. Even back-and-forth correspondence was susceptible to ex post facto parole evidence. Telephone conversations, meetings discussions, and even chance oral communications were dependent on the recall capacity of the persons involved, frequently boiling down to a divorce court 'he said, she said' argument.
The waterfront has changed dramatically with the advent of electronic communications. Now, most business-related conversations are forever captured in e-mail strings that often memorialize some of the most confidential and candid conversations within a business organization. These e-mail strings leave little for interpretation, other than tone, voice inflection or mood. Their 'ink' is indelible, their facts cold and hard and their probative value extremely high in many cases.
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?
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.
A Lawyer's System for Active Reading
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 Corporate Enforcement Policy: One Year Later
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 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.