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
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
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
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
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
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
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
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
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
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
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
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
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
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
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