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Two-and-a-half years ago, the Supreme Court ruled in the remedial portion of its bifurcated decision in U.S. v. Booker, 543 U.S. 220 (2005), that the system of federal Sentencing Guidelines established by the Sentencing Reform Act of 1984 could pass constitutional muster only if the Guidelines were treated as having advisory, rather than mandatory, effect. But Booker left open the question of how much weight the now advisory Guidelines should henceforth be given in a district court's sentencing calculus. Last November, the Supreme Court granted writs of certiorari in two cases ' <i>Rita v. United States</i>, and <i>Claiborne v. United States</i>, that seemed likely to resolve this question.
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With its Feb. 21, 2007 holding in <i>Marrama v. Citizens Bank of Massachusetts</i>, 127 S. Ct. 1105 (2007), the Supreme Court stepped in to resolve a Circuit Court split concerning a debtor's right to convert a Chapter 7 case to a Chapter 13 case under the Bankruptcy Code, pursuant to ' 706(a) of the Code. On its face, ' 706(a) seems clear ' a debtor has an absolute, one-time right to conversion. Such clarity is, in the Supreme Court's view, hazy at best.
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Recording Agreements/Forum-Selection Clause; Royalty Claims/Letter of Inducement; TV Music Scores/Synchhornization Royalties.
Features
The Appellate Court of Conn-ecticut affirmed that the rap group Fort Knox failed to establish that a member's brother tortiously interfered with the group's business expectancy of entering into a recording contract with rap mogul Master P.
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Frequently missing from the plethora of articles on the pitfalls and potential problems in electronic discovery data for the uninitiated or unaware is practical experience and analysis from the trenches. This article addresses key EDD issues and pitfalls in a particular case involving 44 million pages of electronic records and a jury verdict of about $570 million, with a focus on the consequences of retaining too much electronic information and ways to solve problems that plague large companies involved in e-discovery.
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A judge in Alice, TX, has sealed two DVDs at the center of a legal fight being waged in two South Texas courts by the Coastal Bend College District against people who obtained copies of the discs.
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Matters related to intellectual property ('IP') have become so common in our e-discovery and computer-forensics practice that when we tell our staff there's a new matter requiring our attention, the general response is typically: 'Let me guess ' another company where a former employee has left for a competitor or created a startup, and allegedly stole the company's key intellectual property to get a head start.' From that point, we delve into another adventure to hunt down the next smoking gun and, in some instances, the silver bullet.
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The author believes that the best e-discovery-review best practices should be characterized as the application of real-life lessons. He believes they are not complicated, and that focusing on a few of these learned lessons with a thoughtful, deliberate approach will achieve a truly effective electronic discovery review.
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Recent cases in e-commerce law and in the e-commerce industry.
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With a vendor partner now in place to help remove the headaches associated with managing a review database, you should have it made it the shade. Hold on! You're certainly on the right track, but the job doesn't end once the vendor is chosen. There are still a number of technical items that need to be considered about this review environment before you can turn your entire review team loose on the data. An engineering assessment of the review environment itself will go a long way in helping identify potential problems and risks early on as well as becoming the first step toward a successful overall review. Following is a short checklist that can aid in this assessment process.