Anticipation of Litigation AdvisorElectronic DiscoveryAnticipation of Litigation AdvisorJuly 24, 2019 Beyond litigation: The use of e-discovery tools in the transactional practice The discovery phase of litigation often results in the need to process enormous quantities of electronic data. This has resulted in the development of powerful e-discovery platforms and tools to assist companies and their legal counsel in processing this information, resulting in significant efficiencies and costs… Ensuring your e-discovery service arrangement is HIPAA-compliantJuly 24, 2019 In today’s fast-paced and technologically advanced world, parties involved in litigation require efficiency and efficacy in the realm of discovery. To this end, many parties involved in litigation contract with third-party vendors for the provision of e-discovery services. Before any information is shared with an e-discovery vendor, a disclosing party must determine whether it is subject to the… Beyond litigation: The use of e-discovery tools in the transactional practiceJuly 24, 2019 The discovery phase of litigation often results in the need to process enormous quantities of electronic data. This has resulted in the development of powerful e-discovery platforms and tools to assist companies and their legal counsel in processing this information, resulting in significant efficiencies and costs savings. Although such investment was originally driven by the needs of litigators… "I'm Only Human"June 26, 2019 Attorneys are limited in the number of documents they can review and identify per day in a large discovery production. Luckily, technology-assisted review (“TAR”) is a useful tool to expedite review time when humans cannot handle it all. When set up correctly, TAR can return more accurate and complete results than any human review team, and can do it much faster. This is good news because we’re… Are eDiscovery Costs Still Recoverable after the Supreme Court's decision in Rimi Street, Inc. et al. v. Oracle USA, Inc.?June 26, 2019 A circuit split has existed for some time on whether eDiscovery costs are recoverable by a prevailing party. Generally, litigants rely on 28 U.S.C. § 1920 to seek recovery of eDiscovery costs. Specifically, litigants often point to section 1920(4), under which a court may award “fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for… Anticipation of Litigation AdvisorJune 26, 2019 Are eDiscovery Costs Still Recoverable after the Supreme Court’s A circuit split has existed for some time on whether eDiscovery costs are recoverable by a prevailing party. Generally, litigants rely on 28 U.S.C. § 1920 to seek recovery of eDiscovery costs. Specifically, litigants often point to section 1920(4), under which a court… Modification of Common Law Contract Interpretation in Breach of Contract Actions by Contractual Default ProvisionsJune 5, 2019 In a typical breach of contract action, the party asserting breach must prove: 1) the existence of a contract, 2) the existence and nature of the breaching party’s breach, and 3) damages. While seemingly straight-forward, proving a breach can be a tough burden to bear. Further, not every breach entitles the non-breaching party to a remedy. As set forth below, contractual default provisions can… Anticipation of Litigation AdvisorJune 5, 2019 Lenders Beware -- Liens Don’t Float in Bankruptcy, But Are Frozen on the Petition Date: This article examines the effect on “floating liens” that results when a borrower seeks bankruptcy protection under Title 11 of the United States Code (the “Bankruptcy Code”). Because the “floating” nature of a floating lien terminates on the date the borrower files a bankruptcy petition, this article includes… Lenders Beware -- Liens Don't Float In Bankruptcy, But Are Frozen on the Petition DateJune 5, 2019 Introduction. This article examines the effect on “floating liens” that results when a borrower seeks bankruptcy protection under Title 11 of the United States Code (the “Bankruptcy Code”). Because the “floating” nature of a floating lien terminates on the date the borrower files a bankruptcy petition, this article includes a general discussion of strategies available to a lender to protect its… WHOSE DATA IS IT ANYWAY? MAKING SURE YOUR CLOUD STORAGE SERVICE IS LITIGATION READYApril 23, 2019 In a typical computer network diagram, when a network path leaves the physical premises and goes into the internet, the internet is depicted as a cloud. This is because it is impossible to map all data traffic that leaves a private network or computer to be handled by an internet service provider. Once that data is in the internet “cloud,” it has innumerable possible destinations and paths. For… Jackson Kelly PLLC Blog: Anticipation of Litigation AdvisorApril 23, 2019
WHOSE DATA IS IT ANYWAY? In a typical computer network diagram, when a network path leaves the physical premises and goes into the internet, the internet is depicted as a cloud. This is because it is impossible to map all data traffic that leaves a private network or computer to be handled by an internet service provider. Once… <em> IN RE ESTATE OF HORTON</em>: A CASE STUDY IN THE ANTICIPATED ACCEPTANCE OF ELECTRONIC WILLS AND ASSOCIATED LITIGATIONApril 23, 2019 Technology is rapidly revolutionizing the way lawyers engage in discovery, analyze data, and formulate case strategy.[i] While the practice of law is quickly evolving to keep pace with an ever-shifting technological landscape, the law itself is often slower to adapt. One shift that seems inevitable, although potentially fraught with danger, is the use of electronic wills. Electronic wills are not… |
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