Mind the Gap: Innovative Efforts to Improve the e-Discovery Process
While many scholars and practitioners continue to simply lament the widening gap between "ideal" e-discovery regulations and the painful realities of the current legal system, a growing minority from both the bench and bar are working hard to fill the void in a number of innovative ways.
Features
Taking Responsibility for the e-Discovery Process
This article provides a checklist of best practices for both in-house and outside counsel to consider, discuss and monitor throughout the litigation to ensure confidence in the client relationship and the e-discovery process.
Is Your Company Sitting on Buried Treasure?
In order to find buried treasure in your company's insurance policies, it is first important to understand how it was lost in the first place. There are many ways in which companies overlook or fail to pursue available insurance resources. Here are some of the more common.
The NLRB Wants to Be Your 'Friend'
Many employers have implemented or at least considered implementing Internet/social media policies in an effort to protect their reputations, protect their employees, and prevent the dissemination of confidential or proprietary information on the Internet. These policies seem to make perfect sense, but unfortunately, employers need to re-think them in light of the National Labor Relations Board's recent decision in <i>Hispanics United of Buffalo, Inc.</i>
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation, LLC and LP laws. It also looks at some recent decisions of interest, including two from the Delaware Supreme Court.
Features
Brophy Revisited
In <i>Kahn v. Kohlberg, Kravis, Roberts & Co., L.P.</i>, the Delaware Supreme Court's broad reading of <i>Brophy</i> re-establishes the right of Delaware stockholders to sue corporate fiduciaries to disgorge profits from insider trading — regardless of harm to the corporation, and regardless of the avenues provided by federal securities laws to address insider trading claims.
Net News
Amazon Surrenders on California Tax Law, Still Fights Nationally<br>First Circuit Reinstates Massive Downloading Award<br>Ninth Circuit Finds Flaw in Perfect 10's Bid for Injunction
How Effective Is the Federal Government's Campaign Against Internet Counterfeiters and Pirates?
Counterfeiting and piracy never go out of style. Approximately one year ago, ICE launched "Operation In Our Sites" (OIOS) in an effort to hit counterfeiters and pirates where they live (at least, on the Internet), namely their domains.
Not All Web Browsers Are Created Equal
Legal research is an extension of online research, a professional undertaking that is quicker and more effective because of the convenience the Internet provides. Think of this movement as part of the rise of specialized research, complemented by the Web and delivered to attorneys worldwide. And yet, accessing this data depends on using the right browser; there must not be any attempt to sacrifice quality for some illusory promise. The bottom line: An excellent browser is essential for doing any kind of legal research.
Features
Examining the Limits of Online Music Storage Provider Liability
Cloud storage is ideal for music. Music files are large enough to require substantial storage space, small enough to stream over relatively low bandwidth (such as a 3G wireless connection) and desirable to have available on mobile devices. Unsurprisingly, however, this business model brings with it various legal issues for the cloud storage provider.
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