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Demonstrating the True Burden of e-Evidence
Approximately 3 years ago in Danis v. USN Communications, 2000 WL 1694325 (N.D. Ill. Oct. 23, 2000), Magistrate Judge Schenkier stated: “At some point, a party and/or its attorneys must be held responsible for knowing what documents are discoverable and where to find them.” He prefaced this statement by reasoning that we cannot create a loophole in the discovery rules by allowing counsel to argue: “Judge, we just didn't know those tapes existed.”
Case law in the past 3 years, most notably in Zubulake v. UBS Warburg, 2003 WL 21087884 (S.D.N.Y. May 13, 2003) decision, has expanded a corporate counselor's Danis duty to “know thy e-data.” See also Zubulake v. UBS Warburg, 216 F.R.D. 280 (S.D.N.Y. 2003). Counsel representing today's 21st century companies need to know more than simply where electronic evidence resides; they also have a duty to know if that data is accessible (ie, how easily it can be restored and produced) and how much the whole process is going to cost.
The Archeological Expedition for e-Documents
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.