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Salt Lake City's Kirton & McConkie faced a critical communications issue. With 87 attorneys and additional support staff all using e-mail as a primary method to communicate with internal staff, clients, investigators and others essential to our cases, e-mail is the most important record for all types of data. We were using a backup product to perform a full database backup on the weekends, and incremental backups during the week on our Exchange server; however, the tape backup software didn't allow us to easily search and retrieve e-mail messages and attachments. Additionally, the need for large mailboxes (sometimes as big as 2 or 3 gigabytes), as well as increased e-mail activity, had caused our Exchange database to grow to an unmanageable 120 GB. We couldn't reduce e-mail service, as partners and staff relied on e-mail as the primary communications tool to handle cases. But, the risk of losing pertinent information was oppressive, and managing e-mail data and maintaining seamless access to archived information became a mission-critical task for IT services.
In the December 2005 issue of this publication, this author reviewed the Seventh Circuit's decision in <i>United Air Lines, Inc. v. HSBC Bank USA, N.A.</i>, 416 F.3d 609 (7th Cir. 2005) (<i>'United I'</i>). In that decision, the Seventh Circuit was asked to determine whether a transaction involving land at the San Francisco airport that was denominated as a lease in the agreement would be treated as a lease for bankruptcy purposes. The Seventh Circuit held that it would look at the substance of the transaction and beyond the form and labels imposed by the parties' documentation.
Features
I am frequently asked about best practices in collecting electronically stored information (ESI) and how data collections should, or should not, be performed. While collections will certainly vary from matter to matter based on the objectives at hand, there are some general best practices that should be followed in all matters, particularly when it comes to touching the data.
Features
It is not unusual for a finance lessor to discover that its Lessee intends to enter into a contract with a third party whereby the Lessee delivers possession of the leased equipment to that third party. Although many finance lessors may be aware of the practical risks associated with having its leased property/collateral in the hands of a third party, many are unaware of the increased legal risks that result from such a situation. This article addresses some of the key issues. For the sake of clarity, the third party receiving possession and control of the leased equipment will be referred to as a 'Sublessee,' and the agreement between the Lessee and the Sublessee will be referred to as a 'Sublease.' It should be noted that a contract of service pursuant to which the Sublessee receives possession also constitutes a 'Sublease' for purposes of this article.
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Not so many years ago, running a law firm was a simpler process. If you were good at legal research, drafting documents, arguing cases and attracting and advising clients, the business took care of itself. But today, managing a legal practice, particularly for large firms, is more like running a large, sophisticated, multinational business.
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E-mail on Employer's Computer Protected by Attorney Client Privilege<br>Anticybersquatting Claim Survives in Case Involving Famed Retailer <br>Inaccessible Retail Web Sites Violate ADA
You may not know about it, but it is happening: At least one, and probably more, of your business' employees has entered the 'blogosphere.' The world of blogs, or interactive diaries posted on the Internet, has expanded exponentially over the past 3 years, and 'bloggers' cannot seem to resist the urge to talk about their jobs. These sometimes quasi-journalistic postings raise a host of concerns for employers, such as protecting a hard-won public image, safeguarding confidential information, and preventing defamation of managers and co-workers. Such concerns arise because blogs can reach millions of readers long before the employer even learns about the posting. No laws specifically regulate 'blogging,' and there is virtually no case law to provide guidance. Consequently, employers need to look elsewhere for guidance on the balance between their employees' interest in having a life away from work and ensuring that employees' activities in the blogosphere do not damage business interests ' a blogging policy.
Several states are cracking down on the online dating industry, proposing new laws that would, among other things, mandate criminal background checks on all those looking for love on the Internet.
Features
The advent of the Internet has provided businesses with a wealth of previously unavailable resources. Companies may now use electronic tools to communicate instantaneously with customers and associates around the globe. These improvements in sharing information, however, have not come without costs, and today's businesses must be aware of the risks involved in using these technologies. This article, the first in a two-part series, contains an overview of some common risks inherent in Internet use and closes with a discussion of how those risks might affect litigation.
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Business-focused patent protection fundamentally improves the ability of a given product or process to attract a market. It is important for patent professionals to structure regular interactions with business leaders to both impact early business decisions, as well as gain alignment to an individual industry's dynamics. While there can be no fundamental template applicable to all technologies and all business needs, this article is intended to be a guide for efficient integration.
