If you are involved in litigation, you have a duty to preserve all documents and data that could be relevant to the litigation. The duty to preserve evidence begins as soon as litigation is “reasonably anticipated.” That...more
Challenge: In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected...more
In This Issue: - FCPA Due Diligence is Critical to Avoid Successor Liability in Cross-Border Transactions - China’s Merger Control Rules...more
1. Can I infringe a patent if I am not aware of it? Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more
Today’s Take: Sanctions for the Automatic Deletion of Evidence by Computers In my recent blog post entitled Preserving Evidence Through Demand Letters, we discussed how a demand letter can trigger the duty to preserve...more
Today’s Take: The Evidentiary Implications in Sending and Receiving Demand Letters The first war cry of litigation is often the sending of a formal demand letter. Why? The most obvious reason is to put the recipient...more
Chin v. Port Authority of New York & New Jersey, No. 10-cv-1904 (2d Cir. July 10, 2012): The Second Circuit Court of Appeals rejected case law holding that the failure to institute a “litigation hold” will per se result in...more
To answer that question briefly: typically, no litigation hold letters are not discoverable. However, there is catch, which the Western District of New York (“WDNY”) has recently adopted. On March 26, 2012, the WDNY adopted...more
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