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Twenty years ago, few lawyers would have thought the notion of legal competency would come to include understanding and advising on technical issues surrounding the discovery of electronic information. In today's digital age, however, lawyers must be both legally and technically savvy to competently represent their clients. While this might sound like common sense, the reality playing out in today's courtrooms is that many lawyers are struggling to adequately advise their clients on e-discovery issues.
This reality was highlighted in a new survey published by Exterro in February, “Federal Judges Survey: E-Discovery Best Practices and Trends.” In the survey, we collected responses from 22 of the most influential and well-versed federal judges on e-discovery issues. The results and associated comments provide a stark view into the judiciary's views on e-discovery competency, e-discovery trends to be aware of in the future and the need for attorneys to improve their e-discovery acumen.
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.
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.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.