2004 e-Discovery Rulings Recap
November 29, 2004
The courts in 2004 issued a plethora of important rulings on e-discovery, most of which were not good for businesses. The rulings generally require companies to make greater efforts to protect potentially discoverable records, allow these records to be more easily obtained through discovery, and restrict the format in which these records must be produced.
Ethical Considerations in e-Discovery: 2004 and Beyond
November 29, 2004
During the last several years, courts and regulatory agencies have been hard at work issuing new standards, rules and court decisions in an attempt to clarify the obligations of counsel with regard to e-data. <br>But despite having its share of the limelight, e-discovery still poses difficult questions. In the past, the focal point of e-discovery consistently dealt with how to handle and manage information ' leaving attorneys to figure out the more ambiguous areas. Among the "untouched" areas of e-discovery are certain ethical considerations.
Technological e-Discovery Advancements In 2004
November 29, 2004
Electronic discovery ' the collection, review and production of e-mail and other electronically stored documents ' has dramatically changed the way lawyers handle document discovery. Law firms and their corporate clients, saddled with volumes of electronically stored information, have demanded the best technological solutions for collecting, retrieving and managing mountains of electronic evidence. As technology continues to evolve, e-discovery solutions continue to progress. This article summarizes 2004's most notable technology developments in the e-discovery arena.
How Safe Is The Store?
November 29, 2004
Given the now-common nature of e-commerce, new challenges face traditional firms and e-only businesses regarding adequate protection of the companies' computer systems, data and Web sites. These challenges are somewhat similar to those faced by a traditional retail business, but extend beyond those boundaries because of the Internet. For an e-business, a comprehensive disaster-recovery plan, including proper protection of computer systems and data, is critical to the success of the enterprise, and essential for daily operation.
What's a Virtual Business Worth?
November 29, 2004
Traditional business-valuation tools don't work well online. As a result, problems arise if the owner wants to price an online business for sale. Book value rarely approximates real value without hard assets ' which many online firms don't carry. A value based on earnings or revenue can work ' if the firm has enough of a track record, through good years and bad, to make it reliable. <br>But a brick-and-mortar solution, the earnout, can solve this high-tech dilemma. In an earnout, a business-seller receives contingent payments based only on a business's profits in the hands of the buyer.
Bringing Spammers To Justice
November 29, 2004
When initiating a private action against a spammer, the first issue the plaintiff must grapple with is jurisdiction. If a recipient of spam is located in the same state as the spam sender, for instance, ordinary private-action rules apply. <br>But the problem there is that many would-be defendants reside outside the state where the spam recipient resides, and long-arm jurisdiction must be employed.
Developments of Note
November 29, 2004
Recent developments in e-commerce law and in the e-commerce industry.
e-Commerce Revenue Up Again, Gov't Reports
November 29, 2004
The U.S. Census Bureau reported Nov. 19 that estimated third-quarter e-commerce sales accounted for $17.6 billion of economic activity ' 1.9% of the total estimated $916.5 billion.
