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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.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.