Features
Law, Snakard & Gambill, P.C. Modernizes with Worldox DMS
It was my responsibility to research alternatives for a new DMS, while also looking into other ways to help modernize our approach to remote access, storage use and security standards. We had old equipment, and a tornado in 2000 had opened my eyes to the need for disaster recovery provisions.
Features
Taming the Beast: Information Management and Governance in a Global Environment
Part One of this article examined the catalysts motivating companies to take charge of their information and the need to develop a comprehensive information governance approach to support their objectives. This month, we look at policy and procedures development, the role of technology, document disposition, and the importance of change management.
Features
Attorneys as Technologists
With the continued growth in the volume of ESI involved in even the smallest of matters, we made a big decision ' to create Troutman Sanders eMerge, a wholly owned subsidiary of the firm dedicated to consulting, project management, and technology services related to ESI in litigation and internal/governmental investigations.
Features
Computers in Their Pockets
Our clients carry in their pockets ' into and out of their homes and offices ' more personal electronic information than most of us held in our desktop machines just a decade ago. Much of this data is personal and irrelevant to litigation, some of it is relevant but harmless, and an unquantifiable amount of it is potentially damning.
Features
Document Exchange Breaches
Think about the last case you handled for your largest client. What would happen if that information was breached or hacked? It is an alarming possibility and one that should rightfully occupy your thoughts.
Features
Is California's 'Good Faith' Franchise Legislation Necessary or Meaningful?
A bill introduced in California's General Assembly and referred to that body's Judiciary Committee on June 10 could provide some increased leverage and protections to existing franchisees, but it may come at a cost to franchising as a method of expanding brands and providing opportunities.
Columns & Departments
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
Valuing Plaintiff's Recoverable Damages
What happens when a responsible party settles a subrogation claim for less than the amount of benefits paid by the insurer? Can the party then offset a damages award by the full amount of the subrogation claim, and in so doing, potentially pay less than the full amount of the damages it caused?
As the Waves of Superstorms Recede, States Seek to Amend Insurance Laws
Superstorms have caused tremendous property damage and, as citizens continue to rebuild, legislatures in the affected areas are responding.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- 'Insurable Interest' and the Scope of First-Party CoverageThis article reviews the fundamental underpinnings of the concept of insurable interest, and certain recent cases that have grappled with the scope of insurable interest and have articulated a more meaningful application of the concept to claims under first-party property policies.Read More ›
- The Flight to Quality and Workplace ExperienceThat the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.Read More ›
- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›
- The Powerful Impact of The Non-Foreclosure Notice of PendencyRPAPL ' 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 ex parte 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.Read More ›