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Litigation

Preparing For The Zombie Invasion: Demonstrating The ROI Of A Litigation Readiness Plan

Let’s face it – suggest a litigation readiness plan to any corporate officer and you might as well be trying to convince him of an impending zombie invasion. While many of us in the legal space understand the importance of such a plan, business generally does not respond to...

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Litigation

Does Deleted ESI Warrant An Adverse Inference? Sekisui Am. Corp. And Proposed Rule 37(e) Differ

Spoliation motions, a common litigation strategy, are at “an all-time high,”[1] and corporate litigants are engaging in costly over-preservation of electronically stored information (“ESI”) to avoid the risk of sanctions. In Sekisui Am. Corp. v. Hart, 945 F.Supp.2d 494 (S....

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Intellectual Property

Newsworthiness Prevails In Second Circuit Fair Use Analysis

On January 27, 2014, the Second Circuit held in Swatch v. Bloomberg[1] that the unauthorized publication of a surreptitiously obtained recording of an earnings call was fair use in view of the factual, newsworthy nature of the information and its lack of independent market value. The case...

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