News & Analysis as of

Custodian of Records

Stange Law Firm, PC

What Is A Business Records Affidavit?

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Business records can be vital to divorce or family law matters. Business records can become important in various ways. Business records could comprise of many types: employment, medical, school, investment, retirement,...more

Epiq

Managing International Legal Holds in the Era of Data Protection

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Implementing legal holds quickly and effectively is key to maintaining defensibility during litigation and investigations. When a matter involves U.S. law, parties have a duty to preserve relevant information once litigation...more

BCLP

The perils of preservation

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The recent decision In re Keurig Antitrust Litigation, 2022 WL 1082087 (S.D.N.Y. Apr. 11, 2022), offers timely examples of how extensive, well-intentioned preservation efforts can go awry – leading to costly motion practice...more

Dechert LLP

NEWSFLASH: SEC IM Staff Updates Custody Rule FAQs to Address Issues Arising in Connection with Surprise Examinations and Certain...

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A registered investment adviser (RIA) that has “custody” of client funds or securities must comply with the provisions of Rule 206(4)-2 under the Investment Advisers Act of 1940 (Rule), including those related to the use of a...more

Esquire Deposition Solutions, LLC

Deposing Forensic Experts and Former Employees Regarding ESI - Part III

Trial counsel’s ability to make skilled use of electronically stored information is often outcome-determinative in modern litigation. ESI, however, can be difficult to locate within an opponent’s often sprawling computer...more

Esquire Deposition Solutions, LLC

Deposing the Custodians of Electronically Stored Information (ESI) - Part II

Electronically stored information, a critical category of evidence in nearly all non-trivial legal disputes, is usable only to the extent that it can be located, authenticated, and described with foundational evidence that...more

Esquire Deposition Solutions, LLC

The Five Types of Depositions That Flow from Obtaining ESI and E-Discovery - Part I

Litigation counsel today routinely engage with large quantities of digital evidence, often with case outcomes turning on the advocate’s success at unearthing or preserving relevant electronically stored information (ESI). As...more

Weintraub Tobin

I Think My Client Is About To Be Sued: How To Execute A Proper Litigation Hold

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The duty to preserve potentially relevant evidence is an affirmative obligation. Yes! Attorneys and their clients must take action to ensure preservation of discoverable documents. The duty to preserve evidence arises when a...more

Jones Day

Blockchain Distributed Ledger Technology Approved for Nonlisted French Securities

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The Situation: French authorities intend to amend securities laws to permit the use of blockchain technology. In March 2017, the French Treasury launched public consultation relating to the use of such technology and its...more

Sands Anderson PC

Virginia Supreme Court Opinions Affecting Local Government Law: December 2016 and March, April, June, and August 2017

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Happy Fall! The Virginia Supreme Court issued a number of opinions since my last update affecting local government law. Its work resulted in opinions addressing...more

Dechert LLP

SFC Proposes Rules and Code for Open-Ended Fund Companies

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Recently, the Hong Kong Securities and Futures Commission (SFC) published a consultation paper on the Securities and Futures (Open-ended Fund Companies) Rules (Rules) and Code on Open-ended Fund Companies (Code) which, if...more

Katten Muchin Rosenman LLP

CFTC Issues Order Delegating to the NFA Certain Functions Related to Notices of Swap Valuation Disputes

The Commodity Futures Trading Commission has authorized the National Futures Association (NFA) to receive, review, maintain and serve as the official custodian of records for notices of swap valuation disputes in excess of US...more

Morris James LLP

Looking Back on 2014: The 7 Most Important eDiscovery Cases in Delaware - Part 4

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In the ISN case, the Petitioners filed a Petition for Appraisal, requesting that the Court make an independent valuation of the company under Section 262. In this Motion to Compel hearing, the Respondent called to the stand...more

Burr & Forman

Admissibility of Prior Servicer Business Records

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In Sas v. Federal National Mortgage Ass’n., No. 2D14-1003, 2015 WL 3609508 (Fla. 2d DCA June 10, 2015) the appellate court was faced with the issue of whether there was a requirement that the records custodian of the current...more

BakerHostetler

When a Custodian of Records Has a Fifth Amendment Privilege

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In a recent decision, the U.S. Court of Appeals for the Third Circuit held that a physician acting as custodian of records may not withhold records subpoenaed from his professional association on Fifth Amendment...more

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