New Rules for e-Evidence: The Case For The Defense
November 01, 2005
More than a few attorneys have so far managed to stave off the fateful day when they truly will have to address electronic evidence. Either they have been fortunate or smart in their selection of cases, or someone else has taken care of these issues for them. Or maybe they and opposing counsel have quietly decided that there was really nothing very interesting in those e-mails and that the paper documents will be adequate. <br>However, that fateful day is arriving quickly as proposed changes to the Federal Rules of Civil Procedure come closer to final approval.
In-House e-Discovery Processing: Much More Than Software
November 01, 2005
Many law-firm clients, horrified by the expense of having their electronic data collected and processed by outside discovery specialists, press their law firms to find less expensive ways to get these materials ready for production in discovery. Fortunately (and conveniently), vendors offer a variety of products that law firms could use to process digital discovery materials in-house. <br>Seeing the possibility of generating additional revenue while reducing a client's out-of-pocket expenses, many law firms' technology and training committees are being tempted to add internal electronic data discovery (EDD) processing services. Relatively few law firms, however, have analyzed the full range of technical and legal issues that come with offering these services.
Why Purchasing D&O Insurance Is No Longer Enough
November 01, 2005
The media is rife with references to high-profile corporate scandals. Although the fate of those responsible for corporate misconduct is well publicized, the innocent corporate officials impacted by such scandals are rarely mentioned. In an effort to protect directors and officers, corporations allocate significant capital to buying directors' and officers' ("D&O") liability insurance. However, in today's environment of increasing numbers of corporate scandals, even innocent directors and officers sometimes find themselves stripped of the very protection such policies are meant to afford by insurance companies seeking to avoid large exposures. Allegations of corporate fraud have lead insurance companies to invoke exclusionary provisions and increasingly to seek the remedy of rescission. Although procuring D&O insurance coverage reflects a corporation's realization of and appreciation for the risk faced by directors and officers, corporations must ensure that the policies they purchase actually provide the protection sought. This article examines recent trends in court decisions regarding D&O insurance in cases of corporate fraud and suggests methods by which corporations can attempt to maximize the protection provided by their D&O policies, particularly for innocent corporate officials.
Case Briefs
November 01, 2005
Highlights of the latest insurance cases from around the country.
Ill Wind: Selected Insurance Issues After Hurricane Katrina
November 01, 2005
By virtually any measure, Hurricane Katrina ranks as one of the worst natural disasters in American history. It will surely be months if not years before the full toll of the storm and its aftermath, including long-term effects on the Gulf Coast, are known. It is equally sure that Hurricane Katrina will spawn an array of disputes concerning insurance coverage for losses or damage caused by the storm. Indeed, barely 2 weeks after the hurricane hit land, at least two major insurance coverage lawsuits, one in Mississippi and one in Louisiana, had already been filed.
The Leasing Hotline
November 01, 2005
Highlights of the latest commercial leasing cases from around the country.
In the Spotlight: Be on the Lookout for More 'Icebergs'
November 01, 2005
Landlords frequently run into unexpected problems — which I call "icebergs" — with their tenants, some of which were discussed in last month's Spotlight, <i>ie</i>, hazmat remediation. Here are a few more icebergs to watch out for.
Letters of Intent to Lease: Valuable for Landlords and Tenants
November 01, 2005
Landlords and tenants occasionally ask whether they should bother to negotiate and execute a letter of intent to lease. Many wonder whether it might be more efficient to launch right into negotiating the lease itself. The investment in negotiating a letter of intent to lease will almost always pay quick dividends for landlords and tenants. The dividends may be in the form of an early discovery of a lack of agreement on an important issue that will allow the parties either to resolve it quickly or decide to terminate further negotiations and part ways. The more details sorted out during the letter of intent phase, the greater the likelihood of a smoother and successful consummation of the lease. Finding the proper balance of detail to include at the letter of intent phase is often a function of the nature and size of the transaction and the sophistication and leverage of the parties involved. This article is intended to help landlords and tenants consider what they may want to include in their letters of intent to lease.
