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An Alternative Fee <i>Meal</i>odrama Image

An Alternative Fee <i>Meal</i>odrama

Rees W. Morrison

A witty, punny tale with a moral ' partners and general counsel are after the same thing: Quality legal work at lower cost, with profitability (and a good meal).

The Experience Gap Image

The Experience Gap

Adrienne Sanders

As the economy improves and deals begin to flow into Silicon Valley anew, firms are again relying on mid-level corporate associates to do a lot of the work. Trouble is, 3 years of deal drought have left many of those associates short on the experience necessary to handle the tasks.

Features

Around the Firms: <b>Clifford Chance Closes Two West Coast Offices </b> Image

Around the Firms: <b>Clifford Chance Closes Two West Coast Offices </b>

Anthony Lin

British legal giant Clifford Chance is closing its offices in San Francisco and Los Angeles after the defection of several partners to San Francisco-based Orrick, Herrington &amp; Sutcliffe.

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent court rulings in e-commerce.

Are Instant Messages Discoverable? Image

Are Instant Messages Discoverable?

Gregory S. McCurdy & Martha J. Dawson

e-Mail has certainly changed the way businesses communicate, and many commentators predict that instant messaging is poised to bring about the next corporate-communications revolution, an event that raises numerous questions for today's corporations.

Features

Plan Now, Or Pay Later Image

Plan Now, Or Pay Later

Stanley P. Jaskiewicz

Week after week, month after month, warnings flood e-commerce, and brick-and-mortar enterprises, about the technology we all have come to depend on at home and at work. New threats from viruses, hackers or just bug-filled software make the cliche, "Can't live with it, can't live without it" an increasingly accurate descriptor of our high-tech world. <br>But could we really live for long without our computers? Instead, long before anyone worried about the virus of the day, businesses planned against disaster to avoid any type of disruption to the many devices we rely on.

Features

Electronic Records Management: The Legal Problem That Lurks Behind the Scenes Image

Electronic Records Management: The Legal Problem That Lurks Behind the Scenes

Bob Tillman

You think your client's company has a good case. From what you can gather, the allegations that your company, or one you represent, stole trade secrets from a rival are completely unfounded. But then you enter discovery. Your opposition requests a whole host of e-mails ' predictable these days. <br>Outside and in-house counsel quickly realize that with all the storage IT departments have added to accommodate the expanding volume of e-mails a company produces, some firms have no systematic program for eliminating no-longer needed e-mails. As a result, you learn that the amount of e-mails and related electronic documents that must be retrieved under discovery is staggering - hundreds of thousands. It soon becomes clear that, although the case should have been defendable, it's more financially sound for the company to begin negotiating a settlement.

Index Image

Index

ALM Staff & Law Journal Newsletters

A list of everything contained in this issue, for your easy access.

Features

Development Image

Development

ALM Staff & Law Journal Newsletters

Recent cases you need to know.

The Powerful Impact of the Non-Foreclosure Notice of Pendency Image

The Powerful Impact of the Non-Foreclosure Notice of Pendency

Joel David Sharrow

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 <i>ex parte</i> 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.

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