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Tools and Techniques for Defensibly Processing Electronic Data
November 27, 2012
Pursuant to the Federal Rules of Civil Procedure, if the parties to litigation fail to take reasonable steps to assure that relevant, non-privileged data is produced to opposing parties in response to discovery requests, courts may impose sanctions and may instruct juries to draw an adverse inference. Consequently, parties to litigation must take special care to adhere to defensible standards and practices when processing electronic data, especially since the overwhelming majority of information generated by…
CFTC Rulemaking Under Dodd-Frank Paused
November 27, 2012
An immense wave of Dodd-Frank litigation will sweep the federal courts in the coming year, following two years of desultory rule-making by the relevant federal agencies.
Race to File Shareholder Derivative Suits in Delaware Slowed by Judicial Roadblock
November 27, 2012
In two recent opinions with wide-ranging practical implications for companies that are the target of shareholder derivative litigation, Vice Chancellor J. Travis Laster of the Delaware Chancery Court issued a scathing critique of the plaintiffs bar's "first-to-file" mentality in derivative suits.
R.I.P. Jay Jaffe
November 27, 2012
With sadness, we at Law Journal Newsletters note the passing of Jay Jaffe on Nov. 21. He was a valued member of the Board of Editors <i>Marketing the Law Firm</i> and <i>Internet Law &amp; Strategy</i> and a valued sounding board for the newsletters. He was truly a pioneer in legal marketing and social media. He will be dearly missed.
R.I.P. Jay Jaffe
November 27, 2012
With sadness, we at Law Journal Newsletters note the passing of Jay Jaffe on Nov. 21. He was a valued member of the Board of Editors of <i>Marketing the Law Firm</i> and <i>Internet Law &amp; Strategy</i> and a valued sounding board for the newsletters. He was truly a pioneer in legal marketing and social media. He will be dearly missed.
Franchisor-Supplier Relationships
November 27, 2012
It appears that many franchisors have no formal long-term or, for that matter, short-term agreements with their suppliers. Is this an unhealthy move by these franchisors?
Unintended Effects of a 'Belts and Suspenders' Approach
November 27, 2012
Commercial landlords should carefully review what their tenants are requesting to be recorded against the landlords' fee interests in their properties, and ensure that such documentation is not so ambiguous or overly broad that it could have unintended consequences.
In the Spotlight: Shopping Center Declarations
November 27, 2012
A commercial tenant contemplating a lease in a shopping center or adjacent outparcel has its work cut out for it in terms of due diligence required.
Business Crimes Hotline
November 26, 2012
Recent rulings of importance.
In the Courts
November 26, 2012
A recent case about sentencing guidelines.

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