Custodians

News & Analysis as of

California Passes Revised Uniform Fiduciary Access to Digital Assets Act

On September 24, 2016, the Governor of California approved the California Revised Uniform Fiduciary Access to Digital Assets Act, which “would authorize a decedent’s personal representative or trustee to access and manage...more

New Law Deals With Digital Assets After Death

In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or...more

SEC Amendments Require Advisers to Disclose More Information and Keep Additional Records

On August 25, 2016, the Securities and Exchange Commission (SEC) adopted amendments to Form ADV and to several rules under the Investment Advisers Act of 1940 (Advisers Act) (collectively, the Amendments). The SEC adopted the...more

The SEC Adopts Amendments to Form ADV and Recordkeeping Rule: Advisers Now Required to Disclose Information About Separately...

The Securities and Exchange Commission (SEC) recently amended Form ADV to require investment advisers to disclose more information about their separately managed account business, aggregate data related to the use of...more

The Florida Fiduciary Access to Digital Assets Act

When Justin Ellsworth was killed in Iraq in 2005, his family requested that Yahoo grant them access to Justin’s Yahoo e-mail account. Yahoo refused, forcing Justin’s family to sue Yahoo to gain access. Ultimately, the...more

The European, Middle Eastern and African Investigations Review 2016: United Kingdom: handling internal investigations

With so much potentially at stake, the initial steps and strategic decisions taken in any company investigation are critical to setting the tone for a focused, credible and effective inquiry. This is paramount not only for...more

Why Speed Matters in Determining Your E-Discovery Workflow

Accelerating the pace of e-discovery improves early case assessment workflows and prevents stress on court day. Often overlooked in e-discovery is speed. Traditionally, e-discovery was measured in days, weeks and months....more

All Assets Are Not Created Equal When It Comes to IRA Rollovers (PLR 201547010)

When the taxpayer in PLR 201547010 decided to invest his IRA assets in a partnership, he forgot to check whether his IRA provider was able to hold an interest in a partnership as an investment in the IRAs for which it served...more

Spreadsheets No More: Technology and the Expanding Role of Paralegals in E-Discovery

The role of the paralegal started in the 1960's in an attempt to streamline the delivery and cost efficiency of legal services. Today, that goal remains, especially in the field of E-Discovery. As companies increasingly look...more

Zapproved’s Brad Harris on Fundamentals of a Good Evidentiary Preservation Plan

The duty to preserve evidence is well established; litigants must take reasonable steps to ensure information is not deleted or altered once the duty arises. The duty to preserve applies equally to both plaintiff and...more

Trusts and Estates Group News: Estate Planning Enters the Digital Age

One reality of modern life is our increasing reliance on digital information and services. It’s difficult to take and then order prints of photographs, accumulate travel rewards, book travel, sort through financial records,...more

International Abduction

Today’s topic is a very serious one, but not altogether uncommon in the UAE. The rules that govern what constitutes abduction are fairly clear – even though there are no specific statutory provisions dealing with child...more

10 Tips for Litigation Hold Plans

A “litigation hold plan” guides an organization in carrying out its evidence preservation obligations. Many factors come into play when the need to preserve records is triggered, and each organization has unique systems,...more

Don’t Forget That Litigation Hold!

When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee. Except in those unusual circumstances when the employee is squirreling away documents in an effort to build...more

It’s Called Sputnik!: Don’t Fall Behind in the E-Discovery Space Race

This week marks the 58th anniversary since the launch of Sputnik II, the first spacecraft in history to carry a living animal—a dog named Laika—into Earth orbit. But the Sputnik program, which began the space age in 1957,...more

No Matter Where You Go, There You Are: How Employee Movements Cause Major E-Discovery Risk

We lose things. Keys, phones, remotes. When I was a kid, if I told my mom that I couldn’t find something, she’d reply, “If I go in your room and find it, you’ll be in big trouble,” so I’d rush back in and look everywhere...more

Necessary Ingredients for Sound Legal Holds

Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more

Creating a Consistent E-Discovery Preservation Hold Process

Exterro was founded with the simple vision that applying the concepts of process optimization and data science to the way companies respond to litigation would drive more successful outcomes at a lower cost. The process part...more

ESI Discovery Best Practices, Part 5 – Collection of ESI and the custodial interview — Who do you talk to and what do you ask?

As part of my ongoing discussion about ESI collection issues, I want to spend more time on the custodial interview process, because the interview is a critical part of any defensible collection. First, you must identify...more

EDiscovery Custodial Collection — Cooperate, Communicate and Collaborate

In any document search allowing defendants’ custodians to conduct their own searches is much like allowing the fox to guard the henhouse. Even focused and disciplined custodial collections can be fraught with problems....more

A bull rush for bullion in Asia

For background information on bullion trading, see the Q&A at the bottom of this alert. Singapore’s growth as a global commodity trading hub continues, with recent developments affecting the city’s role in the precious...more

The Right of First Refusal as it Applies to the Society’s Most Valued Commodity…Children

In the business world, the Right of First Refusal is a contractual right that gives its holder the option to enter into a business transaction with the owner of something, before the owner may enter into that transaction with...more

BB&K Police Chief Bulletin: Pitchess Motions - Court Must Examine Actual Records Brought by Custodian

Overview: A California appellate court recently ruled that, during the in camera review of peace officer personnel files following a Pitchess motion, the reviewing court must examine the actual records brought by the...more

What the 100-Mile Rule Means for You

If you have been through a divorce and are the custodial parent, moving your residence is far from a simple personal decision. This is especially true if you intend to move more than 100 miles from your current residence....more

Zutrau v. Jansing, C.A. No. 7457-VCP (Del. Ch. Mar. 18, 2013) (Parsons, V.C.)

In this memorandum opinion, the Court of Chancery denied a motion to dismiss derivative and direct claims filed by a shareholder of ICE Systems, Inc. (“ICE” or the “Company”) against the Company’s president, sole director and...more

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