General Business Electronic Discovery

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Arizona Enacts Limited Privilege For Insurance Self-Audits

Arizona has enacted a privilege applicable to voluntary compliance audits conducted by insurance companies. This “self-evaluative” privilege protects audit documents and testimony in civil and some administrative proceedings....more

How Far Does the In-House Zone of Silence Extend?

In a recent case, a Massachusetts appellate court raised important questions about the scope of the work product doctrine for in-house lawyers. In Cahaly v. Benistar Property Exchange Trust Co., the plaintiffs sought...more

Discovery of Communications between Insurers and Reinsurers

In today's complex work of insurance, many insurance risks are "reinsured" by a separate insurance carrier. In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the...more

Insurers Be Warned, Your Communications Are Discoverable

Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery...more

Limits to the Duty to Preserve

Although a suit against a particular officer of a corporation for sexual harassment would clearly trigger a litigation hold, what must counsel do about less obvious players in a more abstract dispute? The recent case of AMC...more

D.C. Circuit Upholds Claim Of Corporate Attorney-Client Privilege

A recent blog post addressed a noteworthy decision in United States ex rel. Barko v. Halliburton Co., No. 1:05-CV-1276, 2014 WL 1016784 (D.D.C. Mar. 6, 2014), which held that materials relating to an internal investigation...more

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

Monkey See, Monkey Do? Like Federal Courts, New York State Courts Are Changing the Rules Governing E-Discovery

As new and proposed rules regarding e-discovery in the Commercial Division of the New York State Supreme Court demonstrate, state courts are catching up to the federal courts in terms of e-discovery standards and guidelines...more

The Fix on Fixed Fees

One of the biggest problems law firms and corporate clients face is the unpredictable nature of costs associated with e-discovery, since all it takes is for one large and/or unpredictable case for expenses to skyrocket. In...more

10 Characteristics of an Ideal Managed Services Provider

In our last post, we considered internal factors that organizations should evaluate when deciding whether and how to allocate responsibility for e-discovery between in-house and external resources. However, as they choose the...more

Fitting a Solution to Meet the Needs of a Workflow In-House

Your law firm just purchased a license for e-discovery software. Now what? Software implementations can be a substantial challenge for a variety of reasons, including lack of executive buy-in, poorly defined requirements,...more

Matching the Solution to the Needs, not the Needs to the Solution

With the e-discovery services market in the U.S. exploding–estimated to exceed $3 billion by 2018–with double digit revenue growth of approximately 15% based on Gartner’s 2014 Magic Quadrant for E-Discovery Software, many...more

Achieve Organizational Goals by Taking a Managed Services Approach to E-Discovery

With data volumes skyrocketing and the costs of litigation following a similar trajectory, organizations are exploring alternative models for managing e-discovery aside from the traditional model of outsourcing parts (or all)...more

Expedited Procedures in New York Courts Guarantee Trial in Just Nine Months

Earlier this month, New York's Commercial Division, a department within the New York State court system designed to handle complex commercial disputes, established new procedures that provide a voluntary, alternative track to...more

Cloud Computing Is a Hot Topic… in Business and the Courtroom

Cloud computing sales are poised to triple by 2017, according to IHS Technology. With growth comes competition and the potential for disputes, both intellectual property-related and otherwise. This article surveys some of the...more

Focus on Tax Controversy and Litigation - May 2014

In this issue: - Tax Court Rejects Partnerships’ Claim of Attorney-Client Privilege and Orders Release of Opinion Letters - Litigation Heats Up in Section 1603 Cash Grant Program for Renewable Energy Projects...more

Avoiding the Digital Dark Age and Remaining Competitive

In today’s business environment, information is a powerful and valuable asset. Organizations that use information wisely and strategically can reach customers faster and with more precision. But in today’s highly regulated...more

The Internet of Things--Avoid Getting Eaten by the Wolf in Sheep's Clothing

With the number of (internet) connected devices rapidly surpassing the number of internet people (actually, all people whether or not connected), we take this opportunity to explore some of the legal complexity brought about...more

Mediating Alternative Energy Disputes

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

Avoiding Litigation: What Every Growing Company Should Know Now — Before It Is Too Late

The growth of business opportunities in the Bakken region is impressive and looks to continue on an upward trajectory for years to come. Companies that might have been small—or non-existent—just 5 years ago are growing at a...more

Are You Facing the Prospect of a Merger Investigation?

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone...more

Business Litigation Reporter - March 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

e-Disclosure - A guide to your obligations

Developments in technology have revolutionised the way in which business is conducted. The increasing use of cloud services, mobile devices and social media have led to a dramatic rise in the volume of day-to-day business...more

Real Property, Financial Services & Title Insurance Case Law Update: November 2013

I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI - - Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....more

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