The Legal Intelligencer | Commentary
By David L. Axelrod and Terence M. Grugan | February 4, 2019
In one of Congress's last acts before the government shutdown, it passed, and the president signed, the First Step Act of 2018 (the act). The act represents progress toward reducing the rate of mass incarceration and ameliorating the extensive personal and societal problems it has caused.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | February 4, 2019
In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal discuss a recent case that provides an example of a party's “flawed” legal hold that led to a discovery sanction. A newly updated commentary from The Sedona Conference could potentially guide organizations in how to avoid such a situation.
The Legal Intelligencer | Commentary
By Howard J. Bashman | February 4, 2019
This column focuses on what appellate judges agree is ordinarily the most important part of the appellate process—the parties' briefs on appeals.
New York Law Journal | Analysis
By Elliott Scheinberg | February 4, 2019
While many post-amendment cases track the language in §5513 that a “notice of appeal must be filed and served within 30 days after service by a party of the order and written notice of entry,” diligent research revealed no direct post-amendment case law on this specific point.
By Jason Lichter and Matt Hamilton | February 1, 2019
This article highlights the key provisions of the guidelines set forth by the Sedona Conference Commentary on Legal Holds, emphasizing how parties can put each to practical use to create an effective and defensible preservation program.
By Zach Schlein | February 1, 2019
Two of the attorneys sanctioned received suspensions.
By Paul Bond, Mark S. Melodia, and Mark Francis | February 1, 2019
The California Consumer Privacy Act of 2018, which comes into force on Jan. 1, 2020, enshrines the “right of Californians to know what personal information is being collected about them,” and “to access their personal information” after it is collected. The plaintiffs' bar may attempt to use the access provisions of CCPA as a tool in their discovery arsenal. Litigators and compliance attorneys must work together against the rush to exploit the CCPA for liability purposes.
By Julia Brickell | February 1, 2019
It is well past time for lawyers to put aside the notion that legal prowess is sufficient. Forward-thinking counsel must constantly inquire about the impact and efficacy of increasingly powerful technologies and align with those who have requisite expertise—be it in security or statistics or computer science or data science or some other aspect.
Daily Business Review | Profile
By Zach Schlein | February 1, 2019
Whether it's at sea or in the courtroom, the immediate past president of the Cuban American Bar Association and lifelong Miamian isn't one to stay idle for long.
New York Law Journal | Analysis
By Daniel Pollack and Toby Kleinman | February 1, 2019
If the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust. This is particularly important so they can each manage the other's expectations. How can this be accomplished?
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