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Features
The recording industry was dancing to the sweet music of victory in June, when the U.S. Supreme Court unanimously ruled in its favor in <i>MGM Studios Inc. v. Grokster</i>. But a post-verdict depression may be on the way, if the results of <i>IP Law & Business</i>'s informal survey of 38 IP lawyers and professors are any indication.
The future direction of digital technologies was on the line when the U.S. Supreme Court heard arguments in March over peer-to-peer (P2P) file-sharing software. And few were predicting that the Justices would easily reach their decision. Given the difficult copyright law and policy issues in the case, it seemed highly unlikely that the Justices could all agree. But 3 months after oral arguments, the Court surprised many observers by issuing a unanimous decision ' at least as to the main holding.
The Internet industry has had a little time to sit back and examine the U.S. Supreme Court's decision in the <i>Grokster</i> case, pondering its true meaning and its impact on technology and software developers as well as the entertainment industry. In this virtual roundtable discussion, members of <i>Internet Law & Strategy</i>'s Board of Editors and other Internet law experts chime in with their thoughts. I think you'll find these comments insightful and raise the issues that the industry faces in the wake of <i>Grokster</i>.
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The latest cases and developments in e-discovery.
A group of vendors, attorneys and other electronic-discovery services "consumers" hopes to use public input to develop a reference model that would help set e-discovery standards and guidelines.
Features
Chris Getner of Aaxis Technologies answers some key e-discovery partnering and solution-seeking questions.
Even the most seasoned litigator may be puzzled by such arcane terminology as deduplication, metatags, blowbacks and concept querying. To make sense of the electronic-data discovery (EDD) process in general, and to further ensure that the litigator is adept in using the selected litigation review and production tools, selecting a trainer with the appropriate skills and pedagogical technique, combined with "real world" experience in setting up review workflows and meeting production deadlines, is nothing short of critical.
Electronic discovery in today's quickly changing litigation environment presents many new demands and dangers for counsel and risk management executives. Dire warnings are being issued about the consequences of e-discovery, and with good reason. In cases such as <i>Zubulake</i>, companies have been punished for failing, in the court's eyes, to preserve electronic evidence properly. The penalties range from the severe ' attorneys' fees ' to the extreme ' the entry of default judgment. <br>There are, however, steps you can take now ' before a lawsuit is filed ' that may improve your company's ability to preserve electronic evidence without unduly burdening day-to-day operations.
Training large document-review teams to consistently apply specified review criteria to millions of pages of often mind-numbingly dull documents has long been a challenge for counsel. The time- and cost-savings offered by online review tools, along with the enhanced automated quality control features of such tools, have made electronic review an increasingly compelling option for large-scale, time-pressured document reviews. While electronic-document review projects have become more common in the last few years, setting up the project and training attorneys in preparation for review remains challenging.
Features
Imagine a very successful equipment leasing company that showed little or no profit for the last 4 years, and so, paid little or no federal taxes. This year, that same company could show a $5 million profit and face a federal tax bill that could easily total $2 million.