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.
Columns & Departments
Movers & Shakers
Who's doing what; who's going where.
What Does the Affordable Care Act Mean for Law Firms?
If you manage a law firm, you might be excited about all of the new business opportunities that the Affordable Care Act presents, but have you taken the time to think about how the new laws will impact your firm and your employees?
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
