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When is a sale a sale? This question is much more than semantics or a deep philosophical debate that college accounting majors have over a nice cold keg of Mountain Dew. Many an executive or business owner has gone to jail over this issue.
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
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
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
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.
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.
More Proceedings in $50 Million Birth Injury Case <br>NC Surgical Patients Potentially Exposed to Lethal Disease
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
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
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.
