Kristie Rearick

February 07, 2018 | The Legal Intelligencer

Most Americans carry a cellphone with them at all times. Little do they know that they are constantly transmitting information about their whereabouts to their phone service provider.

By Stephen A. Miller and Rachel Collins Clarke

6 minute read

February 07, 2018 | The Legal Intelligencer

Before becoming a lawyer, I earned a graduate degree from a fiction writing workshop. I say “earned” not because I emerged with a novel, or even a great story, but because the program was difficult—far more challenging, at least form a psychological standpoint, than law school was.

By Douglas E. Roberts

4 minute read

February 07, 2018 | Daily Business Review

The five-year statute of limitations for actions against surety bonds in construction disputes has been the subject of a number of significant Florida appellate court rulings over the years.

By B. Michael Clark Jr.

5 minute read

February 07, 2018 | Delaware Business Court Insider

The Delaware Supreme Court declined to adopt a new standard governing issue preclusion of derivative actions, creating a tension with Delaware courts' forceful encouragement that stockholders fully investigate their claims before pursuing such actions on behalf of a company.

By Michelle Reed and Matthew Lloyd

7 minute read

February 06, 2018 | The Legal Intelligencer

With technology being the ultimate enabler across the majority of industries, commercially available “off the shelf” software products have become the lifeline of many businesses.

By Barbara Melby and Eric J. Pennesi

9 minute read

February 06, 2018 | The Legal Intelligencer

In the Legal's E-Discovery supplement, read about possession, custody or control; preserving wearable data and how when it come to ethics and e-discovery, attorneys must stay current.

By The Legal Intelligencer

2 minute read

February 05, 2018 | The Legal Intelligencer

Data is duplicative by nature, but the way your operation stores and manages data is likely exposing it to unnecessary and costly redundancy. Most organizations handling e-discovery today could very well have a cumulative data set that is anywhere from five to 10 times bigger than necessary.

By Elie Francis

4 minute read

February 05, 2018 | The Legal Intelligencer

Attorneys are bound by developing ethical rules and duties relating to e-discovery. These rules and duties deserve emphasis because courts, and clients, are increasingly concerned about the manner in which attorneys conduct discovery and, particularly, e-discovery.

By John A. Greenhall, Anthony L. Byler and Kathleen M. Morley

9 minute read

February 05, 2018 | The Legal Intelligencer

Most lawyers know to advise their clients to preserve evidence in their “care, custody or control” relevant to pending or threatened litigation. But exactly how far does “control” go? Can a party be sanctioned for spoliation for failing to issue a legal hold notice to a third party who has no obligation to follow your legal hold instructions?

By David R. Cohen and Todd R. Fairman

8 minute read

February 05, 2018 | The Legal Intelligencer

Although trial judges occupy the lowest rung on the ladder of judicial review, in many respects trial judges may be most powerful type of judge, even more powerful than appellate judges located higher up on that very same ladder.

By Howard J. Bashman

6 minute read