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e-Discovery Costs and General Liability Coverage: Who Pays When the Rules Are Violated?
In today's litigation environment, particularly where lots of money is at stake, it seems that insurance coverage issues are always lurking in the background. These issues typically emerge where they are not expected and when there is no coverage in place to respond to the purported claim. See e.g., Port of Seattle v. Lexington Ins. Co., 48 P.3d 334 (Wash. Ct. App. 2002) (addressing and rejecting application of the 'sue and labor' clause in property policies to the recovery of expenses related to reprogramming computers in order to deal with the change to the Year 2000); GTE Corp. v. Allendale Mut. Ins. Co., 258 F.Supp.2d 364 (D.N.J. 2003) (same). See also Barry R. Ostrager & Thomas R. Newman, Handbook on Insurance Coverage Disputes '5.06[b] (12th ed. 2004).
Now come the new e-discovery amendments to the Federal Rules of Civil Procedure. See e.g., Fed. R. Civ. P. 16(b)(5) and (b)(6); 26(a)(1)(B), (b)(2)(B), (b)(5)(B), (f)(3), and (f)(4); 33(d); 34(a) and (b); 35; 37(f); and 45. What do these amendments have to do with general liability insurance coverage? After all, these amendments address the disclosure, preservation, and production of 'electronically stored information' in civil cases ' not substantive coverage law. But, it is not what the amendments procedurally mandate that implicates liability coverage. Instead, it's what happens when those procedures are violated.
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.
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.
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?
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.