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Legal Tech: A Closer Look At 3 Summer Cases Concerning Lost Data
Summer 2019 put some interesting case law into the books, some of which echoed the 2015 amendments to the Federal Rules of Civil Procedure. We'll take a look at three cases having to do with lost data and whether spoliation sanctions were levied. In two of these cases, the lack of proof of "intent to deprive" meant that courts wouldn't punish the litigants with sanctions, despite — in one case — a "woeful lack of proactivity" by both parties in taking their preservation obligations seriously.
Case 1: Expensive Production Request Deemed "Costly Fishing Expedition"
Pentel v. Shephard (D. Minn. Aug. 8, 2019)
Why This Case Is Important
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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.
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.
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.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.