The burden of preserving electronic information applies equally to defendants and plaintiffs. Defendants that have prepared in advance for e-discovery requests, and even those that haven’t, are well positioned to not only respond responsibly, but to use e-discovery to their advantage.
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The Export Administration Regulations (EAR), enforced by the United States Department of Commerce, and the International Traffic in Arms Regulations (ITAR), enforced by the United States Department of State, require that businesses in selected industries ensure the security of data or “dual use” commercial items that could assist in developing military capability.
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How electronic evidence is acquired can vary widely depending on whether the case is a criminal investigation, government investigation or civil litigation, but all these situations have common elements, and handling them is a specialty requiring training.
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A recent Harris Interactive-Kroll Ontrack survey found that 86 percent of Fortune 1000 corporations and medium-to-large law firm respondents “insource” some aspect of e-discovery, and many are using cloud-based technologies to do it.
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Recent trends in patent litigation have made lawsuits brought by non-practicing entities (NPEs) somewhat easier and cheaper to defend. Historically, many of these cases have settled based not on merits but as a function of defense costs.
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Companies don’t need thousands of patents to achieve strategic advantage. Many would be better served with a right-sized patent portfolio that supports specific business goals.
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The laws and regulations that dictate the rights the federal government receives in a contractor’s software and technical data are complicated. They differ depending on whether the contract is with a defense agency or a civilian agency, and whether the procurement is commercial or non-commercial.
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A federal appeals court recently determined that the International Trade Commission has authority to bar importation of products made abroad using misappropriated trade secrets developed in the United States.
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Addressing the question that titles this article, the author first considers the case of Mark Hurd, former chairman, president and CEO of Hewlett-Packard Company, as a cautionary tale.
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New federal labor rules concerning unionization alter the current regime by limiting pre-election hearings to determining whether there is a “question concerning representation.”
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Canada’s public pension plans continue to be involved in high profile mergers and acquisitions globally despite the recent economic turmoil.
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The government has been both aggressive and expansive in its enforcement of the Foreign Corrupt Practices Act. However, it has encountered challenges that demonstrate the difficulties presented by these complex cases.
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The metrics gleaned from analyzing data can help the law department emerge as a strategic partner in the business.
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A mortgage may be legally defective for a variety of reasons: The property description may be flawed; it may lack an essential affidavit; or it may be missing a signature.
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If your company is ever the subject of a search warrant, there are several mistakes that are certain to make a bad situation worse, according to the author, the Chair Elect of the ABA’s Criminal Justice Section.
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Before the U.S. Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion, states often overturned arbitration agreements with class action waivers based on the doctrine of unconscionability.
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