Features
Modern Evidence in Matrimonial Proceedings
While evidence of adultery used to consist of lipstick smudges on the collar, credit-card receipts from motels and so forth, now it's far more likely to be in the form of text messages, e-mails, IMs or postings on online Web sites. Can these forms of evidence be discovered?
Features
Containing Costs with Concept Searching Saves Clients Thousands
As my firm's Technology Partner, I oversee the e-discovery process for most of the large cases at Severson & Werson. In 2008, one of our clients, a major national bank, was sued by its recently acquired mortgage lending company just after the subprime mortgage financing collapse. The case hinged upon the interpretation of a term in a contract related to the valuation of certain types of subprime loans in the securitization process.
Features
CMS Adoption Rate Should Be Higher
During the fall of 2009, the Legal Technology Institute at the University of Florida Levin College of Law conducted an extensive nationwide survey of the legal profession regarding its use of case, matter and practice management system software.
Features
Backup Protection and Continuity Keep Firms Running
Firms of every size and in every geographic area must protect their electronic data and be prepared for potential IT disasters.
Features
Third Circuit Asked to Clarify Student Internet Speech Cases
Cutting-edge questions in the First Amendment arena have recently stemmed from clashes between students and school districts over the limits ' if any ' that may be imposed on speech posted on social networking sites like MySpace and Facebook. Now lawyers on both sides of the issue are urging the Third U.S. Circuit Court of Appeals to vacate two recent ' and seemingly conflicting ' decisions by two different three-judge panels, and to hold rearguments before the full court.
Features
Active Inducement In the Post-Grokster World
This article discusses the theory of active inducement in copyright law, the evolution of P2P technology over the past decade, recent U.S. and foreign legal decisions, and developments impacting copyright holders, file-sharing networks and Internet service providers.
Features
Blogging and Your Business
As a marketer, know that if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is your company responsible for what is said?
Features
Electronic Data Breaches
There are a few judicial decisions indicating the likely issues on which a coverage dispute will focus when a claim for a data breach is made under a CGL policy.
Features
Law Firm Intelligence: CI on the Internet
Looking for information on a rival law firm? Trying to get some background on a prospective client? The Internet is full of useful resources that can meet your needs.
Features
Blogging and Your Business
As in-house counsel, if your employees post a blog comment, or an entry on Facebook or Twitter about your company or its products, a number of questions are raised. Is the company responsible?
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MOST POPULAR STORIES
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›