This may come as a surprise, but neither the California Civil Discovery Act nor any case law interpreting the same specifically prohibits the intentional destruction of evidence prior to a lawsuit being filed ' regardless of whether such litigation is being contemplated or even probable.
Litigation, investigation, and regulatory requests require in-house counsel to manage multivariate issues (legal and business) to effectively mitigate risk involving threats to reputation, finance, and even survivability. This must all be done within the confines of expedience and cost.
Discussion of several key news items of importance to legal practitioners.
The Appellate Court of Connecticut ruled that NBC Universal, through its cnbc.com website, was not responsible for linking to the content of an alleged defamatory article by Teri Buhl, a self-described "smashmouth investigative journalist."
A recent decision by the federal court for the Eastern District of New York provides an interesting analysis of the various elements of class certification as applied to food or beverage cases, and re-emphasizes the difference in approach by the federal circuits.
Winning a judgment against a movie studio for copyright infringement is one of the toughest litigation assignments out there. But it might have become a bit easier after the victory at the U.S. Supreme Court by the unusual duo of entertainment lawyer Glen Kulik of Kulik Gottesman & Siegel in Sherman Oak, CA, and professor Stephanos Bibas of the University of Pennsylvania Law School.
Recent medical disease reclassifications are affecting a large portion of America's workforce, and the long-term impact is proving difficult to predict.
Courts typically treat medical monitoring as a potential remedy for a traditional tort claim. In such cases, plaintiffs allege exposure to toxic substances as a result of a defendant's tortious conduct; yet at the time the action is commenced, plaintiffs are asymptomatic and allege no physical injuries.
President Barack Obama recently directed the DOL to propose revisions to modernize and streamline existing overtime regulations under the Fair Labor Standards Act (FLSA). The changes will likely have a significant impact on employers and their overtime obligations.
