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Using Language-Based Analytics to Accelerate the Review of an Incoming Production of Documents Image

Using Language-Based Analytics to Accelerate the Review of an Incoming Production of Documents

Bobbi Basile

Over the past decade a lot of effort and debate has gone into answering the question: How do we reduce the amount of data we need to review related to the production of documents? Solutions have focused on reviewing documents to produce, while incoming productions have been largely ignored.

Features

How Privileged Are Your Privileged Communications? Image

How Privileged Are Your Privileged Communications?

Richard B. Kapnick, Courtney A. Rosen & Eric T. Schmitt

Corporate counsel may be surprised to learn that, under certain circumstances, plaintiffs in shareholder litigation have gained access to privileged materials upon a showing of "good cause" under the fiduciary exception. This article discusses the basis for the fiduciary exception, the factors involved in the good-cause analysis, and the circumstances under which courts have turned over privileged materials to plaintiffs.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

ICM Partners Escapes Personal Jurisdiction in Film Suit in Washington State<br>In Suit Against Sony Music, Toto Is Denied Access To Apple/UMG Agreements<br>Rulings in Advance of Beastie Boys' Trial Against Monster Energy

Judgmental v. Random Sampling Image

Judgmental v. Random Sampling

Dr. David Grossman, Ph.D.

This year I thought it would be interesting to do some testing on TREC data to determine the best way to start a computer-assisted review project.

Seeking Quick Relief for Trademark Claims on Social Media Sites Image

Seeking Quick Relief for Trademark Claims on Social Media Sites

Stephen W. Feingold

Policing and enforcing trademark rights in social media requires a brand owner to reexamine some of the basic premises about infringement. In the infringement context, trademark maintenance has generally been interpreted as an obligation to prevent any uses that are inconsistent with the brand's image. However, social media has altered this fundamental assumption.

Med Mal News Image

Med Mal News

ljnstaff & Law Journal Newsletters

More Proceedings in $50 Million Birth Injury Case <br>NC Surgical Patients Potentially Exposed to Lethal Disease

In-House Counsel in The Middle Image

In-House Counsel in The Middle

Kurt Kicklighter

Boards of directors are particularly subject to shareholder and shareholder activist scrutiny where conflicts of interest arise. Although not a particularly "classic" kind of conflict of interest, the conflicted general counsel presents traps for the board of directors.

Features

Crafting the Effective Trademark Cease-and-Desist Letter Image

Crafting the Effective Trademark Cease-and-Desist Letter

William G. Pecau

The cease-and-desist letter is a routine occurrence in the practice of most trademark attorneys. And, often it is treated routinely ' something that is little more than a form and is given little more thought than a form.

Features

Florida Pro-Provider Laws Image

Florida Pro-Provider Laws

Kenneth J. Sobel

It has been said that there is nothing new under the sun, but that is not so in the Sunshine State, where efforts to enact medical malpractice "reform" resemble a religious crusade.

Features

FTC: Professional Associations' Ethical Codes Restrict Competition Image

FTC: Professional Associations' Ethical Codes Restrict Competition

Diane Bieri, Jonathan Gleklen

On Dec. 16, 2013, the FTC announced consent decrees settling charges that two professional associations, the Music Teachers National Association (MTNA) and the California Association of Legal Support Professionals (CALSPro), had violated Section 5 of the FTC Act by using their respective codes of ethics to restrain competition among association members.

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    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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