Steering e-Discovery's Course
June 28, 2005
A group of vendors, attorneys and other electronic-discovery services "consumers" hopes to use public input to develop a reference model that would help set e-discovery standards and guidelines.
Subpoena For e-Mail
June 28, 2005
e-Mail is a rich source of e-discovery and it is being used more often in legal and regulatory actions. It was a significant source of evidence in the Enron scandal, in Martha Stewart's case and in hundreds of other cases. According to the ePolicy Institute, 21% of companies have been ordered by courts to produce employee e-mail. A critical consideration for counsel is that when a client receives a subpoena for company e-mail, the client will either be surprised and dismayed, or confident in its awareness and control of e-mail content. The latter situation, of course, is the better one in which to find oneself.
The Dangers Of Electronic Discovery
June 28, 2005
The <i>Morgan Stanley</i> case is the most recent example of the perils that corporate defendants face in the era of e-discovery. Electronic evidence, and especially e-mail, now plays a starring role in litigation and investigations involving large corporations, particularly in areas such as employment discrimination, fraud and corporate mismanagement. Judges are increasingly familiar with electronic discovery, and are increasingly willing to impose heavy sanctions on corporations that do not comply with electronic discovery requests. As the Morgan Stanley case shows, the consequences of these sanctions can be dire. It is important, therefore, that companies take heed of the lessons of the Morgan Stanley case, and ensure that they have in place a comprehensive and effective system to recover and produce electronically stored documents.
The Leasing Hotline
June 28, 2005
Highlights of the latest commercial leasing cases from around the country.
Flat CAM Charges in Shopping Centers
June 28, 2005
Don't look back, but the gross lease of the not-too-distant past is making a comeback, as shopping center owners and retailers continue to seek absolute truth in the never ending uncertainty of budgeting and recovering common area maintenance ("CAM") charges. The latest and greatest chapter in this continuing saga has the parties establishing flat CAM charges with set percentage increases, in lieu of the variable cost recovery method that has been somewhat industry standard over the past quarter century.
Negotiating Parking Privileges in Commercial Leases: What Every Tenant Should Know
June 28, 2005
Parking privileges are often essential to the businesses of commercial tenants. Given this proposition, it is surprising that many commercial tenants and their legal counsel often overlook important parking issues in favor of what may appear to be more pressing legal and economic issues in the lease negotiation process. This is unfortunate, as inadequate or ambiguous parking provisions can: 1) lead to costly legal battles, 2) harm a tenant's business, and 3) cause the deterioration of the landlord-tenant relationship.
Perils Of Unfunded Obligations: 4 Key Questions
June 28, 2005
As summarized by <i>A&FP</i> Board member Bill Brennan of Altman Weil, Inc. an "unfunded retirement program" is essentially a promise to pay partners a retirement benefit in the future from the firm's future profits. About 24% of law firms have an unfunded retirement plan (down from 57% in 1990), according to the <i>2005 Retirement and Withdrawal Survey for Private Law Firms</i>, prepared by Altman Weil, Inc. In about 15 years over 30,000 lawyers will be retiring each year. To the extent these partners must be paid retirement benefits from the then-current profits of their respective law firms, those firms unprepared for this potentially huge financial liability will be at risk, and some may not survive.
Unfunded Plans: A More Upbeat View
June 28, 2005
Readers of the accompanying roundtable discussion may find themselves wondering if there's currently anything good to say about unfunded retirement plan obligations. About the only glimmer of hope was the allusion by one discussant (Bill Brennan) to "rare situations" where such plans might be required. <br>Here to speak up for such exceptional situations is Jeff Stevenson, Managing Director of Chicago Consulting Actuaries
A Quick Look At Elite E-Invoicing
June 28, 2005
Since 2003 Haynes and Boone has seen the number of client requests for electronic invoices triple. Now at least 20% of its clients require electronic invoices, which translates into 5,000-6,000 electronic invoices on an annual basis. Some larger clients accept invoices only electronically. <br>Rather than deal with a third party software vendor, Haynes and Boone LLP decided in 2003 to obtain e-billing software from its major accounting software vendor, Thomson Elite
