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Explaining e-Discovery
Due to the broad scope of legal relevance, virtually every bit and byte within a company's IT infrastructure could be subject to an enforceable discovery request in civil litigation. Evidentiary demands have evolved, along with the tools we use to measure and record our activities. The process of identifying and producing electronically stored information (“ESI”) ' e-discovery ' has grown so expansive and specialized that its costs have begun outpacing traditional attorney's fees in large corporate disputes.
The e-discovery process takes place at an intersection between increasingly complex information technology and rapidly maturing information law. Doing this well ' achieving cost-effective, defensible and useful results ' requires coordination between IT professionals and lawyers. Poor communication by the participants turns e-discovery into crisis management ' driving up costs and causing unpleasant surprises. To help avoid such pitfalls, this article dispels some common
e-discovery misconceptions.
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.
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.
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.