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Post-Petition Enforcement
May 30, 2006
Generally speaking, after a bankruptcy filing, executory contracts are not enforceable against a debtor that has not yet assumed the contract. <i>N.L.R.B. v. Bildisco and Bildisco</i>, 465 U.S. 513, 531 (1984). However, the reverse is not true. During the pre-assumption period, the non-debtor party to the contract is presumed to be obligated to perform in accordance with a contract.
<b>Technology Uses & Costs</b>: Reducing the Cost Of MFD Cost Recovery
May 30, 2006
Last month's article by Todd Nugent on improved cost recovery from multi-function devices alluded to savings made possible by embedded technology. This article elaborates on the advantages of embedded processing.
What Do You Want to Read?
May 30, 2006
We want to know how we can make this newsletter an even better resource for your professional needs. Are we covering all you want to see? Are there sections you would like to see enhanced or replaced?<br>Your views and opinions are essential in our effort to continue to provide you with the top notch News, Strategy and Analysis you have come to expect from Law Journal Newsletters.<br>Help us help you! Please click <a href="http://www.surveymonkey.com/s.asp?u=604771980045">here</a> to complete a short survey or type the following URL into your browser: http://www.surveymonkey.com/s.asp?u=604771980045.<br>Your answers will assist us in making this an even better newsletter for you! Thank you.<br>Regards,<br>Colin Graf<br>LJN Marketing Director
Safeguarding Confidential Employee Records
May 30, 2006
Because information has become increasingly easy to obtain and transfer, employers must take precautionary measures to ensure that confidential data is adequately protected. This applies not just to proprietary business information, but also to confidential employee data. <br>This article provides an overview of statutory, constitutional and common law concerns with res-pect to obtaining and maintaining confidential employee information, and penalties that employers may face for failing to protect the security of confidential employee records.
Insider Fraud: Biting the Hand That Feeds
May 30, 2006
You've read about it, you've heard about it, but let's say it again: Your employees, on their own or in collusion with others, can make your firm a victim of fraud. Understanding how fraud takes place can help you and your clients minimize its possibility; yet statistics show that many businesses do not understand fraud and do not recognize its red flags.
Dismantling the 'Great Wall' of Risk
May 30, 2006
A growing number of lessors exhibiting cautious optimism are slowly, but successfully, knocking down the 'great wall' that separates them from turning lease financing into a mainstream financial product in China. Investing in the Chinese leasing market can be a sound decision for lessors whose customers are asking for leases there; who can effectively manage the risks; and who are equipped to deal with major differences between the United States and China, which include language, culture, and the number and nature of business regulations.
e-Discovery Docket Sheet
May 30, 2006
Recent court rulings in e-discovery.
The Importance Of Project Management In e-Discovery
May 30, 2006
Trial lawyers, especially in civil litigation, have found that challenging the manner in which electronic discovery was handled can lead to favorable rulings and influence the outcome of litigation regardless of the merits of the action.<br>Fortunately, sound project management can identify and minimize such risks before they result in adverse effects.
Litigation
May 30, 2006
Recent rulings of interest to you and your practice.
Forensic Collections
May 30, 2006
A forensic collection is the copying of data in a process-driven way that results in an exact 'bit for bit' replication of the source. That's why a forensic collection is so important in electronic discovery ' what you get is what it was when you got it, not some modified version that won't stand up in court.<br>Forensic data collection doesn't necessarily involve more time or complexity than other copying methods. Not only can it help you keep your job, it's a strategic decision. Providing that the old axiomatic question, 'Is it plugged in and is it turned on?' is met, there are a couple of ways it can be done.

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