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.
- September 29, 2011Jonathan Sachs and Benjamin Kirk
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.
September 28, 2011Sophia Lee and Christine SoaresIn 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.
September 28, 2011James J. Leonard and John L. WatkinsMany 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 Hispanics United of Buffalo, Inc.
September 28, 2011Joseph G. Schmitt and Lisa M. SchmidThis 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.
September 28, 2011Sandra FeldmanIn Kahn v. Kohlberg, Kravis, Roberts & Co., L.P., the Delaware Supreme Court's broad reading of Brophy 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.
September 28, 2011Robert S. Reder, David Schwartz and Roxana AziziAmazon Surrenders on California Tax Law, Still Fights Nationally
First Circuit Reinstates Massive Downloading Award
Ninth Circuit Finds Flaw in Perfect 10's Bid for InjunctionSeptember 28, 2011ALM Staff | Law Journal Newsletters |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.
September 28, 2011Kyle-Beth Hilfer and David EwenLegal 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.
September 28, 2011Karl MattsonCloud 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.
September 28, 2011Stephen M. Kramarsky

