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A Creative Screening of Electronically Stored Information May Determine the Victor
For all corporate counsel, the prospect of litigation that requires the preservation, collection, review, and potential production of voluminous electronically stored information ('ESI') can be overwhelming. The time and cost considerations are significant, and many in-house counsel are unsure of the appropriate first steps. One thing is certain: This is not an issue that can be put on the back burner and dealt with in a piecemeal fashion after litigation ensues. The painful results of such an approach were the subject of Magistrate Judge Grimm's recent decision in Victor Stanley, Inc. v. Creative Pipe, Inc., et al., 2008 WL 2221841 (D. Md. 2008).
In that case, the United States District Court for the District of Maryland was forced to decide whether the defendants' inadvertent production of certain categories of ESI waived the protections of the attorney-client privilege and work-product doctrine. After carefully analyzing the events that led to the inadvertent production, the court in Victor held that the defendants waived any claim to attorney client privilege or work-product doctrine protection with respect to the inadvertently produced documents.
Background
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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.
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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.