<b>Practice Tip:</b> Managing Your Metadata
March 27, 2007
New amendments to the Federal Rules of Civil Procedure ('FRCP') identify electronically stored information, tangible and intangible, as discoverable (relevant, non-privileged) information. To ensure compliance, firms are required to adopt policies regarding the preservation, retention, and destruction of all digital data including their metadata. Litigators are pressed to develop some expertise on the types and locations of document, application and system metadata with the expectation that all metadata may have evidentiary value. The demands are on the IT professionals to deliver a copy or description of all relevant electronic media, their location, and category without delay and be able to substantiate the firm's retention policies.
Title VII Disparate Pay Claims
March 27, 2007
The U.S. Supreme Court is currently considering a case of great importance to employers, <i>Ledbetter v. Goodyear Tire & Rubber Co., Inc.</i> It will decide when the statute of limitations begins to run under Title VII of the Civil Rights Act of 1964 (as amended) ('Title VII') for certain types of disparate pay claims.
Mandatory e-Discovery
March 26, 2007
e-commerce was born in the digital age, so lawyers handling e-commerce litigation are old hands at mining their clients' computerized documents ' e-mails, online purchase orders, call-center records and the like ' to resolve these disputes. The e-commerce lawyer may know more about the bits and bytes of the underlying communications and data-storage technology, but that will not necessarily preserve, identify and produce all the relevant ESI.
When Death Is More Than a Blue Screen
March 26, 2007
Consider all the critical information that would vanish if a key employee of your business died suddenly, and others had to locate that information.
Protecting Your Company from Consumer Protection Claims
March 26, 2007
Companies in virtually every sector of the economy have become targets of allegations that their business practices or products have injured consumers. These cases often arise as class actions, frequently exposing target companies to the risk of significant defense costs, liability, or a product recall. In the face of the ever-increasing risk of consumer protection claims, most companies have put into place risk management strategies that principally rely on a variety of insurance policies. All too often, though, when a company needs its insurance most, it finds that it does not get the protection that it expects. Instead, insurers frequently make every effort to evade payment under their policies.
Exchange-Traded Solvency Derivatives
March 26, 2007
In the last ten years, the credit derivatives market has grown from its infancy to approximately $26 trillion of notional value according to the International Swaps and Derivatives Association, Inc. ('ISDA'). The most highly utilized type of credit derivative, the credit default swap, is used by investors to bet on a company's creditworthiness or hedge a position in a fashion that protects against the company's failure to make a payment or satisfy other terms.
Wage Hour Laws Provide Traps for the Unwary
March 26, 2007
It has often been said that the most frequently violated federal employment-related statute is the Fair Labor Standards Act ('FLSA'), 29 U.S.C. '' 201-19 (Supp. 2006). This law, enacted in 1938, regulates, among other things, the payment of overtime to employees who work for employers. Our experience indicates that most, if not all, employers do not intend to violate the provisions contained in the FLSA but, instead, do so out of ignorance of its requirements. This article highlights some of the key provisions of the FLSA, makes reference to recent pronouncements by the United States Department of Labor (the federal agency principally responsible for interpretation of the statute) and presents advice on how to avoid the pitfalls inherent in the FLSA.
