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7/6/2009 EIM and Litigation Alert: California eDiscovery Legislation Signed Into Law, Effective Immediately
On June 29, 2009, Governor Arnold Schwarzenegger signed into law AB 5, California’s first set of statutes designed to address the realities of electronic discovery more
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6/12/2009 The Necessity of eGovernment
This paper presents the positive and negative impact information technology (IT) has had on governance in the United States and argues that effective and efficient eGovernment is a necessity created by the increased and widespread use of IT in the private sector. more
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8/26/2008 Corporate and Securities Alert: Information Management for Mergers and Acquisitions – Wrangling, Lassoing and Roping at the M&A Corral
When one company acquires some or all of the assets or divisions of another, the acquirer faces a recurring set of issues related to electronic information management. Forethought is necessary to ensure the acquirer follow best business practices and comply with legal obligations when... more
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3/24/2008 SOX Litigation-Hold Triggers — Public and Private Companies Susceptible to Criminal Prosecution for Obstruction of Justice
Years after passage of the Sarbanes-Oxley Act of 2002, many companies still believe the Act applies uniquely to public companies. more
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3/1/2007 Litigation Alert: Northern California District Court Expands Information Retention Requirements
The United States District Court for the Northern District of California has revised Civil Local Rule 16-9 and issued a new Standing Order for all Judges regarding the required contents of Joint Case Management Statements more
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4/25/2006 Litigation Alert: Electronic Discovery is Focus of Pending Federal Rule Changes Approved by U.S. Supreme Court
On April 12, 2006, the United States Supreme Court approved changes to the Federal Rules of Civil Procedure that will require early involvement of the court in managing electronic discovery. more
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3/29/2006 USA PATRIOT Act Impasse: E-mail Interception Rules Need Congressional Attention, Too
When, if ever, can your Internet Service Provider ("ISP") legally intercept and read your e-mail? Nearly anytime, according to almost every federal court that has tackled the issue. more
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1/4/2006 Litigation Alert: Inefficient Electronic Discovery Management Can Cost Clients
On December 14, 2005, the Delaware Chancery Court reduced recovery of plaintiffs' attorneys' fees in a securities case by nearly $1.2 million, in large part for inefficiently managing electronic discovery. more
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11/26/2003 EFiling
Efiling: What is it? What are its Implications?, 19 Santa Clara Computer & High Tech. L. J. 181 (Dec. 2002), as updated 11/26/03. This lengthy article examines the current state of electronic filing in nationwide state courts, federal courts and government agencies. The piece also explores the dramatic implications electronic filing has begun to have for courts, lawyers, law offices, clients, citizens and government. more
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6/11/2003 EDiscovery
EDiscovery: Preserving, Requesting & Producing Electronic Information, 19 Santa Clara Computer & High Tech. L. J. 131 (Dec. 2002), as updated 6/11/03. This lengthy article examines the implications of the shift from tangible paper files to an ever-expanding universe of intangible electronic items, including emails, databases, back-up tapes and websites. The piece explores how the growing body of EDiscovery case law has expanded discovery compliance obligations to encompass: sophisticated document retention policies; enhanced organization and management processes; particularized protocols designed to safeguard trade secrets and other confidential information; and increased use of computer forensics experts. more
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