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Protecting Confidential Information Following FCC v. AT&T
In today's world of federal regulation, businesses constantly submit documents and information to the government. Whether it is financial information to the SEC, testing data to the FDA, pricing and inspection data to agencies contracting with businesses for goods and services, or the results of internal investigations to any one of a number of federal investigative agencies, businesses supply the government with information that can provide an intimate look into their inner workings.
Such information can be extremely valuable in product liability litigation, and indeed often can determine the outcome of a case. The more information a litigant has, the stronger its case will likely be. Consequently, plaintiffs are constantly looking for ways to obtain information both directly from corporate defendants and indirectly from other sources. Conversely, the better a business can control a plaintiff's access to information, the greater its opportunity to control and limit the scope of litigation. As such, companies must carefully consider what information they submit to the government and how they can limit what portion of that information is later released to the public. This has become increasingly difficult as the use by private litigants of the federal Freedom of Information Act has expanded and access to government documents has become increasingly easy. Further, a recent Supreme Court decision has reinforced the need for businesses to tread carefully in this potentially dangerous battleground.
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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.
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.
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.