More than 40 sanctions cases ' resulting in millions of dollars in fines ' have been decided in one year since revisions to the Federal Rules of Civil Procedure ('FRCP') took effect. In contrast, only two have been recorded under the Sarbanes-Oxley Act since it was put into place in 2002. The 2006 changes to the FRCP specifically require that companies ensure all potentially relevant electronically stored information ('ESI') associated with litigation is preserved and protected, with a subset ultimately produced when required. While on the surface this may sound simple, those in the trenches on both sides ' legal and IT ' have war stories to tell of hard lessons learned. Organizations that do not take a comprehensive approach to managing ESI for discovery may fall prey to fines, sanctions and worse.
- April 29, 2008Browning E. Marean
In Rico v. Mitsubishi Motors Corp., the California Supreme Court adopted the 'fair and reasonable approach' originally formulated by the Second District Court of Appeal in State Compensation Ins. Fund v. WPS, Inc., and set forth the duties of attorneys upon receiving inadvertent disclosures.
April 29, 2008Douglas W. LytleArguments over interpretation of the Physician Labeling Rule language may well be making an appearance in future product liability cases.
April 29, 2008Joshua G. SchillerPlaintiffs' counsel recently have been changing their tactics in product liability class action litigation. In place of filing traditional injury class actions, they instead have been filing more and more economic 'no-injury' class actions, in which the proposed class members seek to recover not for personal injury, but for their alleged economic losses in purchasing a product that is worth 'less' than they paid for it because of some alleged defect.
April 29, 2008Kurt HamrockHighlights of the latest commercial leasing cases from around the country.
April 29, 2008ALM Staff | Law Journal Newsletters |Hogan & Hartson Advises MySpace in Landmark Music Venture
Greenberg Traurig Associate Gets Green Building Council OK
IP, Media & Tech Dept. Adds to New York Practice
Retired Gibson Partner Receives Alger Award
Gibson, Dunn & Crutcher Gets Community AwardApril 29, 2008ALM Staff | Law Journal Newsletters |Monitoring e-Mail To Bankrupt Entity Is OK under e-Privacy Laws
'Knowing' or 'Willful' TCPA Violation Does Not Require Showing Knowledge
Group Lacks Standing For Unsolicited Faxes Claims under TCPA
Clickwrap Forum Clause Enforceable, Even in Adhesion Contract
Arbitration Clause with Class Action Waiver Not Unconscionable in PA
Class Arbitration Waiver in e-Sales Contract OK under NJ, TX Law
Conversion Tort Doesn't Apply To e-Records, Data in MA
MN Long Arm Cannot Touch Software Licensee on Technical SupportApril 29, 2008ALM Staff | Law Journal Newsletters |Whether they're giving a speech at a conference, pitching a client or making an internal presentation at a firm or corporate retreat, time and again lawyers are waiting until the last minute to prepare. Appearing live is all about impact and impression. It's about being memorable in an impressive way. If you are taking the time to appear live and in person anywhere ' and your audience is, too ' then why wouldn't you prepare for the event fully honoring the idea that live communication is all about connection and energy?
April 29, 2008Sally Rosenberg RomanskyThose who download music to their computers now have two unlikely heroes: Janet Bond Arterton, a federal judge who sits in New Haven, CT; and Christopher David Brennan, a young Waterford, CT, resident who has reportedly downloaded songs by Billy Joel, Hootie and the Blowfish and other artists. Brennan is one of about 30,000 people sued by the music industry in recent years for allegedly taking music from the Internet without paying for it.
April 29, 2008Thomas B. ScheffeyThe Internet provides private companies with a cost-effective way to introduce themselves to many potential investors. It also facilitates efficient capital fundraising opportunities. That stated, the SEC revision of Rule 144 makes raising capital on the Internet easier, and cheaper. The SEC changed Rule 144 to reduce regulation of restricted securities, which, in turn, facilitates Internet capital-raising.
April 29, 2008Jonathan Bick