e-Discovery And Inevitable Litigation
Electronic discovery in today's quickly changing litigation environment presents many new demands and dangers for counsel and risk management executives. Dire warnings are being issued about the consequences of e-discovery, and with good reason. In cases such as <i>Zubulake V</i>, companies have been punished for failing, in the court's eyes, to preserve electronic evidence properly. The penalties range from the severe ' attorneys' fees ' to the extreme ' the entry of default judgment. <br>There are, however, steps you can take now ' before a lawsuit is filed ' that may improve your company's ability to preserve electronic evidence without unduly burdening day-to-day operations.
A Bird's-eye View Of e-Discovery
Law firms are often faced with the dilemma of deciding how to collect, process and review discovery documents associated with major litigation. Discovery now typically includes the review of hard copies as well as "soft" copies of electronic media files in a variety of formats. It can get so complicated that attorneys sometimes feel they must conduct full discovery just to find out how to manage their discovery efforts.
Electronic Data Discovery: It's All About Access
More often than not, elements of corporate investigations and legal proceedings come to an abrupt halt because archived electronic files can't be accessed. But thanks to the latest generation of restoration software applications, access can now be gained to virtually all archived electronic files. This new level of access is having a tremendous impact on litigation and corporate record-keeping.
The Unofficial Rules of Evidence
In most law schools, "Evidence" is a required course. After completing it, every student can outline the basic requirements of admissibility; namely, the…
Negotiating the Software Contract
Attorneys live and work in a world of contracts. Usually, however, this expertise involves optimizing legal agreements for the firm's clients. But when a law firm enters into its own software contracts, it is presented with the unique opportunity to optimize a negotiation for its own benefit. Attorneys, more than most software buyers, are aware of the legal issues involved in an IT contract such as indemnity, limitation of liability, confidential information and warranties. However, there are a number of business issues for any software buyer to consider. The key is to anticipate which of these a software company might deem negotiable.
