A federal judge in California has struck down the state's ban on same-sex marriage as unconstitutional. If any observers thought Judge Vaughn Walker would have a difficult time striking down Proposition 8 as unconstitutional, they were mistaken.
As e-discovery practitioners, our goal is to make the process for our clients more manageable and as cost-effective as possible. We sought to automate and streamline the process through the application of strategic technology and well-developed workflows.
Getting people to adopt productivity-enhancing technology tools requires a thoughtful, meticulous approach. It's not just a matter of installing a tool on everyone's desktop and then hoping for the best.
At the end of June 2009, our lease on dictation equipment was coming to an end, so the strategic decision was made to investigate other options before upgrading. During demonstrations, it became clear to us that the BlackBerry component and mobility options provided by BigHand would be a key point in our decision-making process.
With the worldwide release of Office 2010 in June, Microsoft has once again unleashed a frenzy of new software purchases ' and even more Office upgrades ' globally.
As organizations strive to minimize costs and maximize efficiency and scalability of computing resources, IT and legal departments across the globe are turning to cloud technology (a.k.a., cloud computing) for help. The recent surge in popularity is pushing industry groups to consider how to accurately define cloud computing and provide guidance as to how it can be properly managed ' especially in relation to regulatory compliance and electronic discovery requests.
While the ACLU and other nonprofit legal groups have been declared exempt from a strict proposal for regulating lawyer Web sites, Florida's largest law firms are starting to band together to protest the regulations, largely on First Amendment grounds.
This article presents an overview of best practices for ensuring the application of your client's desired terms and conditions in the context of online browsing and sales, as well as software downloads and installations. Last month's Part One covered clickwrap agreements. Part Two covers browsewrap agreements.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
This article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.
That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
