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AccessData's Summation 6.0
It's understood that the “discovery wars” have long been far more than litigation maneuvering by both sides in a case. The discovery process is sometimes used by litigants to overwhelm adversaries, drive up the time and expense required to see a lawsuit through to trial, and thereby extract concessions or settlement. Even without intention, the volume and complexity of electronically stored information pertinent to litigation results in cost burdens that affect substantive decisions in a case.
There are a couple developments underway in the legal profession that have the potential to push back on these discovery wars. First, the recent changes to the Federal Rules of Civil Procedure (FRCP) governing e-discovery ' such as proportionality requirements ' are designed to reduce the scope of e-discovery that courts were previously inclined to allow. And second, emerging technology solutions are leveling the playing field a bit, enabling law firms of all sizes to better manage e-discovery in a way that is more efficient and affordable than ever before.
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.