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ESI Management from Server Room to Board Room
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”). In furtherance of this mission, the role of IT has gone through a radical evolution ' and IT is leading the charge in creating and implementing IT protocol designed to safeguard corporations against the future threat of litigation or investigation.
Corporate reliance upon IT has been fueled by amendments to the Federal Rules of Civil Procedure (“FRCP”) and influenced by a sharp decline in corporate wealth and the corresponding uptick in corporate civil case filings. In December 2006, the FRCP were amended to accommodate changes in the way electronic information is managed in the context of litigation. Contemporaneously, the market experienced an increase in interest rates, slowing of real estate appreciation, and an increase in civil court filings and corporate investigations. As corporate litigation increases in a downward economy, businesses have felt the pressure more than ever to take inventory of its ESI and prepare for the day its data management practices are called into question. As such, IT's technical knowledge has become integral to corporations' efforts to “get the house in order.” Concurrently, the amended rules, along with ensuing case law, have provided sorely needed instruction and guidance to corporate counsel and IT professionals regarding ESI discovery in civil lawsuits.
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.
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.
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?