Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Corporate CounselorLJN NewslettersNewsSections

ESI Preparedness

By Regina A. Jytyla

The era of hanging file folders and loose-leaf paper crammed into bulging metal file cabinets is a distant memory. In this digital age, customer records, financial paperwork, and research and development memoranda live on hard drives, servers and back-up tapes, not in bankers' boxes or file cabinets. In response to increasing volumes of electronic data generated and maintained, corporations are forming response teams to develop and implement protocol designed to comply with legal requirements for the preservation and production of electronically stored information (ESI).

This new era of corporate document management has been shaped by amendments to the Federal Rules of Civil Procedure (“FRCP”) and fueled by a sharp decline in corporate wealth and the corresponding uptick in corporate civil case filings. In December 2006, Rules 16, 26, 34 and 37 were amended to accommodate changes in the way information is managed in the context of litigation. Contemporaneously, the market experienced an increase in interest rates, slowing of real estate appreciation, and the economy was caught in the throws of a perfect storm created by the generous economic boom of the preceding decade. As corporate litigation increases in a down economy, businesses have felt the pressure more than ever to take inventory of teir ESI and prepare for the day their ESI management practices are called into question. Concurrently, the amended rules, along with ensuing case-law, have provided sorely needed instruction and guidance to corporations and their counsel regarding ESI discovery in civil lawsuits.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.