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The Myths of Legal Hold Notification
Organizations face serious repercussions in the form of both costly sanctions and adverse inferences for inadequate or failed legal hold procedures (see the sidebar,'Cases with Sanctions for Failed Hold Procedure,'below, for examples of such cases). The most basic preservation task however, issuing legal hold notifications, seemingly remains a mystery to a surprising portion of corporate defendants. Too often, organizations, and their counsel, do not view the legal hold notification (LHN) process as a manageable business process. Many simply do not understand the requirements of a solid LHN program nor the options for managing it.
It is not just serial litigants at risk of having sub-optimal LHN programs; most other organizations have rarely felt compelled to implement legal hold programs, leaving them vulnerable to sanctions, adverse inferences, and other negative e-discovery consequences.
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?
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.