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In the quickly evolving world of e-discovery, the time to figure out and understand the organization's ESI is speeding by. The FRCP amendments and the courts that enforce them (both Federal and State) no longer provide a grace period where attorneys and litigants can 'fly blind' regarding ESI and figure things out as they go. If corporate counsel or supporting outside counsel is unsure of how to identify, preserve or collect ESI for a pending matter or in the overall course of conducting business, the time to ask for directions is now.
Features
When a business needs to raise money it may consider hiring a 'finder,' which is normally a consultant that helps the company find investors in the business. The company should proceed with caution in retaining a finder due to the regulated nature of its business, and there are several 'market' terms in a written Finder's Fee Agreement that the company should insist upon.
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The fallout from Hewlett-Packard's ('HP') controversial boardroom leak investigation has led to a variety of actions ' including an investigation by the California Attorney General's office and Congressional hearings on the practice of 'pretexting' ' a tactic employed by Hewlett-Packard to gain the confidential phone records of board members. Despite the considerable press attention devoted to the incident, it is an otherwise under-the-radar action by the SEC that could have the greatest long-term impact on corporate governance and compliance.
Features
With the ever-increasing focus on security, wage and hour class actions create potential liability for a variety of employers, from airport vendors to power plants to retailers. Fortunately for these employers and others, the recent, yet limited, case law has held that such time is not compensable. Moreover, general wage and hour principles support this conclusion.
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Attention, forum shoppers! The Bankruptcy Court for the Southern District of New York, long known for its ability and willingness to handle large and complex business reorganizations with (even tangential) connections to New York as the 'financial capital of the world,' recently granted a motion filed by a group of creditors to transfer venue to California.
Features
One of the greatest opportunities for immediate improvement in the practice of matrimonial law lies in the cultivation of the binocular mindset. Binocularity involves the balancing of the settlement mindset with the trial mindset. This balancing occurs even in situations in which the practicing attorney has no intention of ever going to trial.
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Federal government attorneys recently unsuccessfully attempted to convince a Federal District Court and the U.S. Court of Appeals for the Fifth Circuit to rewrite the terms of the Federal Tort Claims Act ('FTCA') to allow the creation of a reversionary trust rather than give a lump-sum award to pay for a medical malpractice plaintiff's future medical expenses.
Features
New Jersey's year-old Civil Union Act has failed so far to convey to registered same-sex couples the rights and privileges of marriage, a state commission reported on Feb. 18.
Features
In December 2007, Lucent Technologies Inc. secured a non-prosecution agreement from the Department of Justice and settled an enforcement action with the SEC for conduct related to travel and entertainment expenses incurred on behalf of Chinese government officials and for the manner in which these expenses were booked. The Lucent settlement adds to a number of existing guideposts regarding permissible interactions with foreign officials under the Foreign Corrupt Practices Act. This article examines the Lucent settlement, prior FCPA enforcement activity related to travel and lodging, and offers some practical advice for compliance counsel.
Features
Copyright-infringement cases alleging that a defendant improperly used a plaintiff's work for a movie or TV show often hinge on whether there's substantial similarity between the litigating parties' works. But substantial similarity plays a role in breach-of-implied-contract cases alleging defendants based their film or show on a plaintiff's work. A recent ruling by the California Court of Appeal serves as an informative review of California case law in this legal area and its current application.