Tools and Techniques for Defensibly Processing Electronic Data
November 27, 2012
Pursuant to the Federal Rules of Civil Procedure, if the parties to litigation fail to take reasonable steps to assure that relevant, non-privileged data is produced to opposing parties in response to discovery requests, courts may impose sanctions and may instruct juries to draw an adverse inference. Consequently, parties to litigation must take special care to adhere to defensible standards and practices when processing electronic data, especially since the overwhelming majority of information generated by…
CFTC Rulemaking Under Dodd-Frank Paused
November 27, 2012
An immense wave of Dodd-Frank litigation will sweep the federal courts in the coming year, following two years of desultory rule-making by the relevant federal agencies.
Conducting Discovery in Japan
November 26, 2012
Conducting discovery in Japan is not easy and litigants should not expect to obtain nearly the same quantity or quality of information from Japan. However, if you know the available discovery devices and the special procedures to take advantage of those devices, discovery may not be lost.
An Analysis of Proposed Federal Cybersecurity Legislation
October 31, 2012
Michael Chertoff, the former head of the U.S. Department of Homeland Security (DHS), recently remarked that "cyber threats represent one of the most seriously disruptive challenges to national security since the onset of the nuclear age 60 years ago."
Insurance Coverage for Data Breach Claims
October 30, 2012
In-house counsel may be surprised to learn that coverage for data breaches is not limited to specialty policies, and can often be found under standard CGL or property insurance policies.
The JOBS Act and the Return of the Microcaps
October 30, 2012
In Part One, the author explored the JOBS Act's two new ways to raise capital ' crowdfunding and the Small Issues Exemption. Here, he look at the JOBS Act provisions aimed at making it easier for small companies to go public.
The FCPA and Insurance Coverage
October 30, 2012
By implementing the five strategies discussed in this article, officers and directors can mitigate the potentially crippling monetary effects of FCPA-related claims.
Why Clients Fire Firms
October 30, 2012
Why are firms losing important, blue-chip clients? Let us count the ways ...
Fixed Assets
October 30, 2012
This article is the fifth installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
