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
On April 14, the U.S. Court of Appeals for the Eleventh Circuit held that a custodian bank had no duty under New York or Florida law to identify or alert a customer to fraudulent transactions directed by the customer’s...more
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
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
Pillay v. Millard Refrigerated Serv., Inc., 2013 WL 2251727 (N.D. Ill. May 22, 2013).
In this Americans with Disabilities Act case, the plaintiff sought sanctions in the form of an adverse jury instruction for the...more
A federal judge has ordered non-party Google to disclose the search terms and custodians it used to respond to a subpoena. The magistrate judge’s order in the Apple v. Samsung case pending in San Jose emphasized that...more
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
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
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
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
The Delaware Court of Chancery held that claims for breach of statutory and fiduciary duties against a custodian appointed under Section 226 of the Delaware General Corporation Law (“DGCL”) failed as a matter of law because...more
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