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Features
Many legal technology practitioners have great familiarity with the Electronic Discovery Reference Model (EDRM). The model allows attorneys and those who support them to use a common lexicon while wrestling with the complex issues and tasks associated with the discovery process. As the legal technology industry moves deeper into commoditization, new skills, knowledge bases and technology related to security and privacy outside the traditional EDRM will increasingly become the focal point for professional development.
Features
On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure (FRCP) became effective. The amendments include significant changes to rules governing the discovery process, especially Rules 16 and 26. But they also include a significant change to the rules governing the very first filing in any patent infringement case.
Features
Many non-Delaware lawyers will, at some point in their careers, find themselves practicing in a Delaware court after being admitted pro hac vice. For those that do, it is important to note that the Delaware courts take e-discovery seriously and have a sophisticated understanding of it. This article serves as a primer on conducting e-discovery in the Delaware courts.
Features
Today's legal departments are undergoing fundamental changes thanks in part to the imminent threat of ongoing cyberattacks. Given the massive breaches at some of the world's visible brands ' Anthem, Blue Cross Blue Shield, Experian and Sony Pictures Entertainment, to name just some of the most notorious recent victims ' it is increasingly clear that cybersecurity can no longer be regarded as the exclusive domain of IT.
Columns & Departments
Analysis of a case in which fraud convictions were vacated for a district judge's evidentiary errors.
Features
As the use of fitness trackers and other personal monitoring devices becomes more prevalent, an increase in consumer litigation over them is inevitable. Because such devices are still cutting-edge in many respects, the opportunities for unexpected manufacturing and design problems is also high. And because some of the data involved may be highly personal, the risk of privacy breach claims is certainly not zero.
Features
In light of corporate negligence's history with state courts, the question becomes: What types of duties have been found to flow directly from nursing homes, long-term and advanced-care facilities to a potential plaintiff, bypassing employees and agents entirely?
Features
Despite over 150 years of Supreme Court precedent, even the most basic precepts of patent exhaustion doctrine remain unsettled. In <i>Lexmark,</i> the United States Court of Appeals for the Federal Circuit grappled with the very foundations of the so-called "first sale" defense.
Features
A medical device case poses numerous pleading problems. However, before one even reaches the pleading stage, there are major hurdles to consider. The major issue facing the plaintiff's lawyer during client intake is to decide which cases to file immediately and which cases can wait. This depends, of course, on the statute of limitations the lawyer determines will be applicable ' and that is no small task.
