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When requesting and preserving data, it can be difficult to know the proper legal balance between "too much," and "too little." Given all the types of data available to litigators, including social media (forget Facebook — how's your Snapchat account looking lately?), many might simply request as much data as they possibly can … and potentially have their motion rejected. While this "Goldilocks zone" for requesting and maintaining case-related data can be somewhat difficult to find, as the defendants in the following three cases from earlier this year discovered, the best advice can be drilled down to three main concepts: Make sure it's specific/relevant to the case, proportional to the amount available, and be sure to preserve your data once litigation becomes reasonably foreseeable.
RightChoice Managed Care v. Hospital Partners, Inc. (W.D. Mo. Feb. 1, 2019)
Don't waste the court's time by objecting to discovery requests with boilerplate language. This case reaffirms the fact that courts want specific and tailored responses to discovery requests.
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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.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
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