Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
July 01, 2019
When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
Carnival Execs May Face Criminal Charges Over Compliance Failures
July 01, 2019
Once again a company has felt the pain that comes when it is caught violating an agreement with the Department of Justice. After taking a tongue lashing from a federal judge for repeatedly violating the law, Carnival Corp. executives have until autumn to hire a chief compliance officer and begin meaningful compliance reforms at the world's largest cruise line.
Case Notes
July 01, 2019
Option to Buy Is Exercised, and 'Tenant' Is No Longer a Tenant
Bit Parts
July 01, 2019
Courts Refuse to Hand Over Documentary Audio and Outtakes
Legal Tech: Spring 2019 E-Discovery Case Law Review
June 01, 2019
The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.
Expanding Your Digital Strategy with RPA
June 01, 2019
Beyond improving efficiency, new advancements in Robotic Process Automation, or RPA, are helping lawyers do more <i>billable</i> work without hiring more people.
2 U.S. Law Firms Among Cybercrime Victims
June 01, 2019
<b><i>Because They Often Possess Valuable Information on a Variety of Companies and Individuals, Law Offices Continue to Be a Favorite Target for Hackers</b></i><p>The DOJ said that two U.S.-based law firms were among the victims of a “complex transnational organized cyber-crime network” that has been taken down.
