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Florida Appellate Court Blocks Discovery of Communications Between Insured and Insurer-Retained Defense Counsel in Third-Party Bad...

On September 5, 2014, the Fifth District Court of Appeal issued its en banc decision in Boozer v. Stalley, 146 So. 3d 139 (Fla. 5th DCA 2014), holding that in a third-party bad faith action, the attorney-client privilege...more

Successful Motions to Dismiss Securities Class Actions, A Review of What Worked in 2014

Motions to dismiss have been called “the main event” in securities class actions. They are filed in over 90% of securities class actions and they result in dismissal close to 50% of the time they are filed. In contrast, out...more

Laying Foundation for Meta Data and Websites

Lawsuits brought in the U.S. that result in judgments against Chinese companies often have problems with enforceability, unless the Chinese company has assets in the US or assets in another country that enforces US judgments....more

E-Discovery Litigation Holds

Preserving company E-mail that may be relevant in litigation is important for every business. Failure to do so can open a company to liability for breaching the duty to preserve evidence. Sending a notice to employees who...more

E-Discovery Guidelines Coming To A Court Near You

New E-Discovery Guidelines related to the discovery of electronically stored information (“ESI”) have been approved by the U.S. District Court for the Northern District of California. Find the Guidelines and related documents...more

California Electronic Discovery Act: Part Four

Part Four in a multi-part series on the topic. Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more

California Electronic Discovery Act: Part Three

Part Three in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act. Part Two discussed the importance in legal proceedings of electronic information from social...more

California Electronic Discovery Act: Part Two

Part Two in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act, which established procedures for parties to discover electronically stored information (“ESI”)...more

California Electronic Discovery Act

California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more

California Electronic Discovery Act: Part Four

Part Four in a multi-part series on the topic. Searching for evidence in the form of email, text messages and instant messaging is increasingly important in lawsuits. However, requests for this type of evidence during the...more

California Electronic Discovery Act: Part Three

Part Three in a multi-part series on the topic. In Part One of this series, we discussed California’s Electronic Discovery Act. Part Two discussed the importance in legal proceedings of electronic information from social...more

California Electronic Discovery Act

California’s Electronic Discovery Act was signed into law on June 29, 2009, establishing procedures for parties to discover electronically stored information (“ESI”) from opposing parties for use as evidence in state court...more

We've been sued! Now what? A guide to handling business litigation

By William S. Cherry, III A 2010 litigation trends survey warns, “Companies Expect More Litigation.” Federal statistics indicate that the number of employees suing employers rose 35% from 2007 to 2011. A study conducted...more

Non-competes in the Electronic Workplace Solicitation in the Age of Social Media

Prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section Mid-Winter Meeting by the Non-Competition, Trade Secrets, Proprietary Information, and Duty of...more

Non-competes in the Electronic Workplace Solicitation in the Age of Social Media

Paper prepared for the Employment Rights and Responsibilities Committee of the American Bar Association Labor and Employment Law Section Mid-Winter Meeting by the Non-Competition, Trade Secrets, Proprietary Information, and...more

Advocate's Edge

Our bi-monthly newsletter for attorneys featuring articles re: ACFE report highlighting the importance of antifraud controls; Authentication issues: Who creates ESI; Rule 26 Amendments extending greater work product...more

You're Exonerated: Exploring the "Sham Guaranty Defense to Eliminate Liability Under a Guaranty

Lenders commonly require principals of a company to personally guarantee a real estate loan. While the business may be protected by California’s antidefiency statute, guarantors are not. Lenders also carefully draft...more

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