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Litigation
Does Deleted ESI Warrant An Adverse Inference? Sekisui Am. Corp. And Proposed Rule 37(e) Differ
Spoliation motions, a common litigation strategy, are at “an all-time high,”[1] and corporate litigants are engaging in costly over-preservation of electronically stored information (“ESI”) to avoid the risk of sanctions. In Sekisui Am. Corp. v. Hart, 945 F.Supp.2d 494 (S....
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Is There Real Recovery For Costs Associated With E-Discovery? It Depends.
Discovery is an essential part of any case, and processing electronically stored information (“ESI”) is often extremely costly. This process entails identifying custodians, collecting their data and then reviewing, analyzing and culling the material to determine what ESI is responsive...
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When First Place Is Still Not Good Enough – Understanding The Exceptions To The First-Filed Rule
The first-filed rule seems simple on its face: when competing lawsuits have been filed in different courts relating to the same controversy, ordinarily the first-filed suit should have priority, and the later-filed suit should be dismissed.[1] Recently, our firm represented clients...
Read MoreTruck's Black Box Is Key To Accident Litigation
Inside The Black Box Over 500,000 trucking accidents occur every year in this country. Of these, approximately 5,000 result in fatalities, and many more result in serious personal injury or property damage.1By the time you are notified that your client's tractor-trailer has been involved in...
Read MoreIdentifying A Principal Place Of Business For Diversity Jurisdiction: Supreme Court Settles The Debate
In the recent United States Supreme Court decision, Hertz Corp. v. Friend , 175 L. Ed. 2d 1029, 1034 (U.S. 2010), Justice Breyer posed a question worthy of a law school exam:If the bulk of a company's business activities visible to the public takes place in factories in New Jersey, while its top...
Read MoreWhat Will It Take To Make Non-Hourly Pricing A Real Fee Alternative?
Is the alternative fee discussion taking place at legal conferences and in the blogoshpere a sign of a real sea change in the approach to valuation of legal services or is it just an adjustment to the vocabulary of traditional billing practices reflecting temporary fallout from the current...
Read MoreBeware The Paw: Cat's Paw Liability And Employment Decisions In The Current Economy
Employers should always make decisions affecting their employees with due deliberation, based on appropriate and accurate information. Yet today, employers must be even more keenly aware of the means by which such decisions are made. Indeed, employers must be especially cautious of a growing...
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