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Information Integrity Balancing Availability And Security
August 30, 2005
What happens when information is available but not trusted because it is not secure? What happens when end users have unfettered access to information ' but the information they're sharing is suspect? Or, what happens when quick business decisions are made based on data that is readily available but possibly compromised? The bottom line: Information is useless unless it is both secure and available.
The Benefits Of Macromedia Flash In The Courtroom
August 30, 2005
By now, virtually everyone is familiar with the Internet. What surprises many trial lawyers is the fact that the technology that powers the interactive Web sites on the Internet is increasingly being used to present evidence and illustrative material in the courtroom. Specifically, lawyers and their trial teams are successfully relying on Macromedia Flash to organize their cases, display trial graphics, create effective 2-D animations, educate judges, and persuade jurors.
Computer Forensics Docket Sheet
August 30, 2005
Recent cases in computer forensics.
Effectively Managing Duplicate Electronic Documents In Discovery
August 30, 2005
One of the most common and vexing challenges of e-discovery is that of duplicate documents. And the problem is as old as it is widespread. Company archives have always contained duplicate records, and reviewers have long struggled to keep track of them during document review. In decades past, a reviewer may have encountered a paper document that had a duplicate somewhere else in the stack of boxes that comprised the document collection, but there was no easy way to know which box contained the duplicate. In large collections, where numerous revi-ewers would examine many boxes over the course of several weeks or months, it was virtually impossible to identify every duplicate document.
Corporate Compliance And How It Relates To Litigation Data-Management
August 30, 2005
If we counted a penny for every general counsel, chief information officer or information-technology director who laments the passing of the regulatory-agency laissez faire policies of old, we'd give Donald Trump a run for his money. The simple truth is, there is no going back -- Sarbanes-Oxley, Gramm-Leach-Bliley, the Safe Harbor Protection Act and European Data Protection Directive -- they're all here to stay.
Electronic Discovery Market Takes Leap
August 30, 2005
e-Discovery services have come a long way in just a couple of years as a technological medium and a legal service, according to a recent comprehensive and authoritative survey of the genre.
e-Discovery Docket Sheet
August 30, 2005
Recent court rulings in e-discovery.
Creating a Defensible Evidence Preservation/Collection Plan
August 30, 2005
Most companies have fairly comprehensive document retention/destruction policies for both paper and electronic information. Often, these policies have been crafted to meet a disparate range of state, local, federal and regulatory laws (HIPPA, SEC, Sarbanes-Oxley, etc.) that impact document retention schedules. For large companies that face regular, complex litigation (<i>ie</i>, "serial litigants"), the greatest challenge is when the company has to suspend these policies in response to litigation. A company's obligation to preserve data does not necessarily begin at the exact moment a complaint is filed. Rather, recent case law, local statutes, and American Bar Association (ABA) guidelines prescribe that a company's obligation to preserve data begins at the time litigation becomes likely.
New FLSA Regulations And Recent Opinion Letters By The DOL
August 30, 2005
The Department of Labor's new Fair Labor Standards Act (FLSA) (Wage and Hour Regulations) regulations, which went into effect Aug. 23, 2004, are an attempt to modernize pay scales, increase employee coverage, and clarify rules for employers. The salary levels had not been updated since 1975. The Korean War had not yet begun the last time the primary duties regulations were revised, and until last August, the regulations included such anachronistic titles as "legmen," "straw bosses," and "key punch operators." Nevertheless, if one were to judge merely by the sheer number of opinion letters the U.S. Department of Labor (DOL) has issued since the regulations went into effect, it would seem that the new regulations have generated as much confusion as the previous regulations.
Walking the Compensation Committee Tightrope
August 30, 2005
Many people believe that the most difficult job of a director is being a member of the Audit Committee. However, in many ways being a member of the Compensation Committee is more challenging and much more likely to result in the director becoming subject to public scrutiny and possibly criticism.

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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