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Assessing a Franchisor's Obligations to Preserve Electronically Stored Information
Earlier this year, a decision was issued by a state court in New York that further expanded the obligations and requirements imposed on parties in connection with protecting against the spoliation of evidence ' specifically the deletion of electronically stored information (“ESI”). Voom HD Holdings, LLC v. EchoStar Satellite L.L.C., 93 A.D.3d 33 (N.Y. Sup. Ct., 2012). While technically not a franchise case, the facts of the Voom case are very similar to a typical franchisor/franchisee dispute and, thus, the decision could significantly affect how franchisors operate. If broadly applied, the decision in Voom arguably could require a franchisor to initiate a litigation hold to preserve relevant documentation, including ESI, as soon as it starts down the path of possibly terminating a franchisee.
The facts in the case are relatively straightforward. Voom HD Holdings, LLC and EchoStar Satellite L.L.C. entered into an affiliation agreement in 2005 pursuant to which EchoStar agreed to distribute Voom's television programming. In 2007, EchoStar determined that Voom had failed to comply with certain financial commitments required by the agreement and/or had failed to meet programming content obligations. In June 2007, EchoStar sent two letters to Voom advising Voom of EchoStar's intent to exercise its audit rights and expressing EchoStar's belief that it was entitled to terminate the agreement because Voom had failed to live up to its obligations under the agreement. Internal communications showed that EchoStar representatives believed that it was likely that Voom would commence litigation if the agreement was terminated. On Jan. 30, 2008, EchoStar formally terminated the agreement. Voom filed its lawsuit the next day.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The 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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.