Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
e-Discovery Revisited
The discovery process has long been the most expensive and often most contentious aspect of litigation. The focus of many discovery disputes has shifted over the last 10 years to disputes involving electronic data. This change in focus is rooted in the change in the manner in which we choose to communicate with one another. In the past few decades, commerce in general and the insurance industry in particular have moved away from paper-based communication toward electronic communication including e-mail because our customers, vendors and managers all require prompt, courteous and efficient communications. This change has resulted in significant consequences for the litigation process.
In December 2006, the Supreme Court adopted major changes in the Federal Rules of Civil Procedure. Many states have followed the lead of the federal courts by adopting similar rules. These changes were the culmination of a number of: 1) high profile cases involving spoliation of evidence and the court's inherent power to marshal discoverable evidence; and 2) studies and writings undertaken in the legal community, especially through an organization called the Sedona Conference. It has become clear that an organization must affirmatively address its electronic discovery obligations or face the consequences of its indecision at a later point in time. A prudent carrier's efforts to get its own “electronic house in order” will directly benefit the company as: 1) the company will be prepared for litigation and the resultant e-discovery scrutiny; and 2) the company will have greater flexibility in selecting litigation strategies by virtue of its preparation for e-discovery challenges.
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.
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?
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.