Electronic Discovery Finance & Banking

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FINRA Issues Guidance Notice on Confidentiality Provisions in Settlement Agreements and the Arbitration Discovery Process

In Regulatory Notice 14-40, FINRA reminds members that it is a violation of FINRA Rule 2010 (Standards of Commercial Honor and Principles of Trade) to incorporate into a settlement agreement a confidentiality provision...more

Corporate and Financial Weekly Digest - Volume IX, Issue 45

In this issue: - Proxy Advisory Firms Release Policy Updates for 2015 - CBOE Makes Enhancements to Its Market-Maker Trade Notification System - OTC Derivatives Regulators Group Issues Report to G20...more

CFTC Proposes Amendments to Recordkeeping Rules

Proposed changes would provide permanent relief from compliance with certain recordkeeping requirements and narrow the types of records that must be identifiable by transaction. The December 2012 amendments to...more

California Low Carbon Fuel Standard Overhaul Continues

I. LCFS Readoption - The California Air Resources Board (“ARB”) is on the cusp of readopting the Low Carbon Fuel Standard (“LCFS”) regulation to remedy legal defects in the initial adoption process found by the...more

Preserve and Protect: Sarbanes-Oxley Meets Environmental Law

On November 5, 2014, the United States Supreme Court will address the scope of the Sarbanes-Oxley “anti-shredding” law. The interpretation of this somewhat mundane provision may significantly affect how environmental data and...more

Recent Appellate Decisions Limit Access To Customer Assets Held At Foreign Bank Branches

On October 23, 2014, the New York Court of Appeals held for the first time that, under New York law, the "separate entity" rule prevents a court from ordering a foreign bank operating branches in New York from restraining a...more

The Second Circuit Limits the Power of Courts to Enforce Asset Restraints and Discovery Orders Against Foreign Banks: Tiffany (NJ)...

In Tiffany (NJ) LLC v. China Merchants Bank and Gucci America, Inc. v. Bank of China, the US Second Circuit Court of Appeals issued important rulings, confirming that the limits on the exercise of US general jurisdiction, set...more

Ruling on Discovery Disputes in “SolarCity” Cash Grant Litigation

On August 29, 2014, Judge Bruggink heard oral argument and ruled on plaintiffs’ motion to compel the production of documents and information requested from the Department of the Treasury (“Treasury”) regarding plaintiffs’...more

Delaware Supreme Court Permits Stockholders to Overcome Corporation’s Attorney-Client Privilege for “Good Cause”

On July 23, 2014, the Delaware Supreme Court in Wal-Mart Stores, Inc. v. Indiana Elec. Workers Pension Trust Fund IBEW held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a...more

Bitcoin: A Tale of Digital Trails

Once thought of as an anonymous method of buying and selling goods and services, Bitcoin users and researchers are increasingly aware of the inherent limits of anonymity in the context of Bitcoin use. Similar to any other...more

Google Case Provides Spoliation Exception to Living Document Safeguard

Google has come under scrutiny in the last few years over collecting information from users’ email accounts to provide targeted advertising for its paid clients. ...more

Ralph Ferrara Discusses Private Securities Litigation at PLI [Video]

Ralph Ferrara speaking at the Practising Law Institute’s 45th Annual Securities Regulation Institute. Ralph is part of a panel addressing the topic of Private Securities Litigation, including: * Key considerations in...more

Weekly eDiscovery Top Story Digest - August 14, 2013

Compiled by @ComplexD from online public domain resources, provided for your review/use is this week’s update of key industry news, views, and events highlighting key electronic discovery related stories, developments, and...more

FINRA Revises Definition of Public Arbitrator and Proposes Changes to Discovery Guide Concerning Electronic Documents

The Financial Industry Regulatory Authority (FINRA), which provides the arbitration forum for resolving disputes between securities firms and customers, recently announced changes to the arbitrator selection process and...more

Unfiltered Orange | Weekly eDiscovery News Update – March 20, 2013

Recognized nationally in Forbes’ Law and Technology Blog as a leading source of trusted eDiscovery information, Orange Legal Technologies’ Unfiltered Orange newsletter is published weekly to provide legal and technology...more

Unfiltered Orange | Weekly eDiscovery News Update – March 13, 2013

Recognized nationally in Forbes’ Law and Technology Blog as a leading source of trusted eDiscovery information, Orange Legal Technologies’ Unfiltered Orange newsletter is published weekly to provide legal and technology...more

Social Media Compliance: Frequently Asked Questions

Last month, I discussed some of the salient compliance requirements associated with using Social Media.* Then, a few days later, I offered to you my article, entitled Social Media and Networking Compliance. This month, on...more

Unfiltered Orange | Weekly eDiscovery News Update – Holiday 2012 Edition

Highlighted in Forbes’ Law & Technology Blog as one of Eight Great Law & Technology Resources, Orange Legal Technologies’ Unfiltered Orange Weekly eDiscovery News Updates provide readers with a trusted compilation of key...more

The Duty to Preserve Evidence: The High Cost of Electronic Discovery and Even Higher Cost of Non-Compliance

What may be surprising to many companies is that the obligation to preserve evidence arises long before a lawsuit is filed, and the costs for failing to do so can be staggering. In egregious cases, courts have entered...more

Tackling eDiscovery Before it Bites

Now consider the duties imposed by state and federal law on parties to a lawsuit. For example, a duty to preserve arises when litigation becomes foreseeable and requires both suspension of current policies that might alter or...more

Corporate and Financial Weekly Digest - March 30, 2012

In this issue; - CFTC Approves Final Rule on Customer Clearing Documentation, Timing of Acceptance for Clearing, and Clearing Member Risk Management - Third Circuit Court of Appeals Limits Electronic Discovery Costs...more

Responding to Comprehensive Financial Fraud Enforcement Efforts

When the President of the United States highlights an enforcement initiative in the State of the Union Address, as he did on January 24, 2012, it likely is a strong indication of things to come. And action was swift....more

The Legal Counselor - May 31, 2011

In this issue: Bloodshed in Libya Prompts U.S. Sanctions; Chinese Based Reverse Mergers Attract Scrutiny; New Developments in Electronic Discovery; Qatar: Safe Haven for Investors During Mideast Turmoil; Understanding...more

There’s Still Time to Make that New Year’s Resolution: Get Your Records Retention Plan in Place

No one wants to start the New Year thinking about conflict but fiduciaries balance many, often competing, interests every day and the potential for conflict is real. Fiduciaries can minimize the likelihood for conflict by...more

Form 13 Corporate Disclosure Form for CIT

the Court's Form 13 Disclosure...more

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