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e-Discovery 3.0: Preparing for a New Era of Forensic Collections

When a corporation involved in a high-profile lawsuit last year wanted to find an incriminating text message that a former employee intentionally deleted from his mobile phone, its legal team did not conduct a nationwide manhunt for the sender's device or subpoena his wireless carrier. In the modern era of high-tech litigation, the company's forensic specialists simply used the UFED Touch Ultimate data extraction, decoding and analysis tool from Israel-based Cellebrite Ltd.

A cultural shift in the way we access and manage information is fueling this creative use of technology. Instead of clandestinely slipping a floppy disk or CD-Rom into a PC and illicitly downloading corporate information with James Bond-like precision, today's employees can simply misappropriate trade secrets by transferring key files to their iCloud or DropBox account without any fear of being caught.

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There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

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The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.