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Twenty years ago, few lawyers would have thought the notion of legal competency would come to include understanding and advising on technical issues surrounding the discovery of electronic information. In today's digital age, however, lawyers must be both legally and technically savvy to competently represent their clients. While this might sound like common sense, the reality playing out in today's courtrooms is that many lawyers are struggling to adequately advise their clients on e-discovery issues.
This reality was highlighted in a new survey published by Exterro in February, “Federal Judges Survey: E-Discovery Best Practices and Trends.” In the survey, we collected responses from 22 of the most influential and well-versed federal judges on e-discovery issues. The results and associated comments provide a stark view into the judiciary's views on e-discovery competency, e-discovery trends to be aware of in the future and the need for attorneys to improve their e-discovery acumen.
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?
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 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.
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.
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.