The Legal Intelligencer | Commentary
By Martin J. Hagan | February 12, 2018
Trusts can “go bad” for many reasons. Some may be unsuitable from the outset, perhaps being the product of a trust-mill or a generic form downloaded…
The Legal Intelligencer | Commentary
By P. Kristen Bennett | February 12, 2018
Recent changes to the federal estate tax system have turned traditional estate planning on its head. Now under the new Tax Cuts and Jobs Act, most traditional estate plans for a married couple are likely to increase taxes at death, instead of saving taxes. This means attorneys who want to keep their clients happy had better redo existing estate plans and shift the focus of estate planning services moving forward.
The Legal Intelligencer | Commentary
By Candice L. Komar | February 11, 2018
Even happily married couples often neglect to estate plan. It may seem overwhelming, perhaps time-consuming, and it certainly isn't as appealing as planning a vacation or a retirement party or any of the myriad of more attractive items on their lists. For those in the process of a divorce it is even more distasteful.
The Legal Intelligencer | Commentary
By The Legal Intelligencer | February 6, 2018
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.
The Legal Intelligencer | Commentary
By Elie Francis | February 5, 2018
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 John A. Greenhall, Anthony L. Byler and Kathleen M. Morley | February 5, 2018
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.
The Legal Intelligencer | Commentary
By David R. Cohen and Todd R. Fairman | February 5, 2018
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?
The Legal Intelligencer | Commentary
By Joseph Francoeur, Michelle Vizzi and Sade A. Forte | February 5, 2018
Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. Spoliation sanctions, including adverse jury instructions, have been issued for the failure to preserve text messages. In addition, data from wearable technology, such as the Apple Watch and the Fitbit, can become relevant and material, while also raising concerns about consumer privacy rights.
The Legal Intelligencer | Commentary
By Tess Blair and Tara Lawler | February 5, 2018
The perennial question of “possession, custody or control” may become more complicated in light of the U.S. Supreme Court recently granting certiorari in the landmark case of In the Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft. Companies will need to watch for this decision and its potential impact on discovery and information governance when data crosses borders.
By The Legal Intelligencer | January 30, 2018
In the Legal's Products Liability, Mass Torts & Class Action supplement, read about company-generated documents and emails, navigating choppy waters…
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