Not Just Another Article on e-Discovery Review
August 28, 2007
The author believes that the best e-discovery-review best practices should be characterized as the application of real-life lessons. He believes they are not complicated, and that focusing on a few of these learned lessons with a thoughtful, deliberate approach will achieve a truly effective electronic discovery review.
Supreme Court's Leegin Decision Opens Door to Resale Price Controls
August 28, 2007
In June 2007, the United States Supreme Court revisited the per se ban on resale price maintenance. In a 5-4 opinion, the Court in <i>Leegin Creative Leather Products v. PSKS, Inc.</i>, overruled nearly a century of precedent, and adopted a 'rule of reason' analysis that allows an alleged violator to attempt to justify price controls. As a result, news reports predicted widespread changes in resale price agreements and a decline in competitive discounts, giving the impression that companies are now free to impose price controls with little or no oversight, without fear of legal consequence, regardless of the specific nature of their products. Is this true?
Supreme Court's <i>Leegin</i> Decision Opens Door to Resale Price Controls ' Or Does It?
August 28, 2007
In June, the Supreme Court revisited the per se ban on resale price maintenance. In a 5-4 opinion, the Court, in <i>Leegin Creative Leather Products v. PSKS, Inc.</i>, overruled nearly a century of precedent, and adopted a 'rule of reason' analysis that allows an alleged violator to attempt to justify price controls. As a result, news reports predicted widespread changes in resale price agreements and a decline in competitive discounts, giving the impression that companies are now free to impose price controls with little or no oversight, without fear of legal consequence, regardless of the specific nature of their products. The actual ruling, however, is neither so sweeping nor revolutionary. It is not an endorsement of resale-price controls in every case, or even in most cases. Companies that engage in resale-price maintenance may no longer face a charge of per se illegality, but they must tread extremely carefully in what is still dangerous territory.
<i><b>e-Civil Rights:</i></b> Internet Rights Are Governed By Federal Analysis
August 28, 2007
It's a basic concept: Civil rights protection is a function of a person's physical location. State courts use their constitutions to expand civil-liberties protections beyond those rights granted by the federal Constitution's Bill of Rights. Across the nation, New Jersey, New York, Oregon, California, Texas, Maine and others have identified additional constitutional protections beyond those in the federal document. Because Internet transactions transcend state boundaries, however, states might be restrained from applying such additional protections to Internet transactions.
Keeping e-Secrets
August 28, 2007
e-Commerce and tech firms face constant threats to secrecy and challenges unheard of by their real-world predecessors. Today, for example, businesses that work with data about individuals, whether that data is a record of credit-card transactions or is housed in more complex medical databases, must comply with complex burdens to maintain the confidentiality of the people to whom the data pertains. As the many recent headlines about privacy breaches reveal, protecting against the risk ' and cost ' of worldwide criminals' vigilance to gain instant access to that data must be as much a part of any e-commerce firm's business plan as its marketing strategy.
The Sky Is Not Falling!
August 28, 2007
The decision of the magistrate in the TorrentSpy case that the server-log data was subject to discovery has resulted in an outcry of opposition from various sources across the country, and the defendants have appealed the decision to the district judge. But while the decision ordering the production of such server-log data in the future seems incorrect on the issue of whether that information in RAM constitutes electronically stored information subject to discovery, for the reasons set forth below, the decision is not as momentous as many have suggested.
Top 10 Technical Considerations Before Starting An e-Discovery Review
August 27, 2007
With a vendor partner now in place to help remove the headaches associated with managing a review database, you should have it made it the shade. Hold on! You're certainly on the right track, but the job doesn't end once the vendor is chosen. There are still a number of technical items that need to be considered about this review environment before you can turn your entire review team loose on the data. An engineering assessment of the review environment itself will go a long way in helping identify potential problems and risks early on as well as becoming the first step toward a successful overall review. Following is a short checklist that can aid in this assessment process.
Ensuring e-Mail Compliance in the High-Tech Office
August 27, 2007
The new Federal Rules of Civil Procedure ("FRCP") and other compliance and legal requirements imposed by government-induced regulations are causing companies to re-think and re-engineer existing support systems as they strive to manage documentation trails.
Support Modification: Overview and Update
July 31, 2007
In the past few years, more requests for modification of a child support obligations, either upward or downward, have been denied than granted. With regard to the cases in which an upward modification was denied, the courts have been reluctant to find that the party seeking to modify the child support obligation has established that any claimed change in circumstances was unanticipated or that the children's needs were not being met.
