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The Impact of Cloud Computing And Mobile Devices On Litigation Holds
Lawyers may be tempted to gloss over yet another article about litigation holds and data preservation because they believe they already have the basics down. But the “basics” are a moving target and several developments from the past year merit reconsideration of company hold processes in 2015. Those developments focus on the importance of recognizing and addressing the new and dynamic forms of evidence that must be kept for litigation. As the recent cases of Brown v. Tellermate Holdings, No. 2:11-cv-1122 (S.D. Ohio July 1, 2014) and Small v. University Medical Center of Southern Nevada, 2:13-cv-00298-APG-PAL (D. Nev. Aug. 18, 2014) demonstrate, a company's litigation hold process might not be defensible unless appropriate steps are taken to preserve relevant information stored with cloud computing providers and maintained on mobile devices.
Preserving Data In The Cloud
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With 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.