Not exact matches
Subtitle E: Additional Market Assurance -(Sec. 351) Amends the Commodity Exchange Act to: (1)
require energy derivatives to be traded on a CFTC - regulated exchange unless CFTC issues an exemption; (2)
require CFTC to fix limits, with respect to energy transactions, on the aggregate number of positions which may be held by any person for each month across all markets subject to the CFTC's jurisdiction; (3)
require CFTC to convene a Position Limit Energy Advisory Group to give CFTC recommendations on such position limits; (4) give CFTC exclusive authority to grant exemptions for bona fide hedging transactions and positions from position limits imposed on energy transactions; (5) revise provisions concerning bona fide hedging transactions; and (6)
require CFTC to issue a rule defining and classifying index traders and swap dealers for the purposes of data reporting requirements and setting routine detailed reporting requirements for any position of such entities in contracts traded on designated contract markets, over-the-counter markets, derivatives transaction execution facilities, foreign boards of trade, and
electronic trading facilities with respect to significant price
discovery contracts.
[ii] The use of this «Sedona Canada»
electronic discovery text, «in preparing the
discovery plan,» is
required by Rule 29.1.03 (4) of the Ontario Rules of Civil Procedure.
Also, the 2nd edition will not direct sufficient attention to: (1) the serious, common defects of records management and of software, and their considerable worsening of the difficulty of determining the adequacy of disclosure made in
discovery proceedings; and, (2) the fact that the admissibility of records is dependent upon proof of the «integrity» of the records systems in which they are stored, which
requires proof of the compliance of such records systems with the National Standards of Canada for
electronic records management.
People can not deal with their legal problems without the help of lawyers because, the law is now too voluminous, complex, often based upon technology that must be understood, and
requiring one to cope with the large volumes of
electronic records made possible by the great automating power of
electronic records technology (being the very technology that has created the prohibitively high cost of
electronic discovery proceedings).
The «continuing professional development» programs (CPD and CLE programs) that lawyers must take every year don't provide such knowledge and information, and therefore, nor do
electronic discovery in civil proceedings and the disclosure that the Crown is
required to provide to accused persons in criminal proceedings.
And the addition in 1999 - 2000, of the (still ignored)
electronic records provisions»
required proof of «systems integrity» in the Evidence Acts, was not simply another chapter added to the same old story, but rather a very different story
requiring different rules and practices for
discovery and admissibility proceedings.
The ethical duty of competence
requires an attorney to assess at the outset of each case what
electronic discovery issues might arise during the litigation, including the likelihood that e-
discovery will or should be sought by either side.
Sadly, most practitioners still do not understand the legal issues involved with
electronic discovery, and continuously push IT questions down to the paralegal and IT staff, even though a basic understanding is
required to apply the legal principles.
While not specific to FREs, some thought should be given to the growing need to facilitate e-
discovery (the production of
electronic data and information
required in the «
discovery» process that occurs when a lawsuit is initiated).
Taken collectively, and in the context of international business transactions touching one or more European firms, FCPA
discovery of
electronic records may be voluminous, may involve records kept in multiple different languages, and may
require retrieval of data from multiple
electronic depositories and computer systems.
41.1 - 41.8 of the Alberta Evidence Act); (4) the National Standards of Canada for
electronic records management, [i] necessary for giving the word «integrity» a meaning in those sections; and, (5) that the solution to the high cost of the «review» stage of
electronic discovery proceedings
requires a different strategy and procedure than are used now.
The firm
requires all of its attorneys to participate in certain continuing legal education programs designed to keep pace with evolving issues in the practice of law, such as, by way of only one example, the new challenges presented by
electronic discovery and changes to the rules of civil procedure.
Updated commentary on the scope of
electronic discovery based on the Texas Supreme Court's recent opinion
requiring that requested
discovery be «proportional» to the needs of the case.
Litigation today
requires real - time collaboration of
electronic discovery data with others across the nation and abroad.
(For more on what to expect from an
electronic discovery services provider, see my previous blog: What Should You
Require from an E-
Discovery Services Provider?)
If your case
requires document review repositories accessible from anywhere in the world, our plaintiff
electronic discovery experts will specially tailor our eDiscovery software to exceed your expectations.
An order was then made concerning production of
electronic documents, and Ms. Ahadi was
required to submit to further oral examination for
discovery.
Like it or not, however, almost all of the documents and information relevant to your litigation were created as
electronic documents, and increasingly your clients and the courts expect and
require attorneys conduct
discovery as
electronic discovery.
The eDisclosure Information Project is a blog by Chris Dale, a UK - based e-
discovery expert who provides commentary about the rules, the technology and the practice of eDiscovery / eDisclosure in the UK, the US and any jurisdiction where the
discovery of
electronic documents is
required for civil litigation or for regulatory purposes through his blog.
What happens when an operation (business or government) runs into a situation of probable or actual litigation, such that the principles of (
electronic)
discovery would
require a «litigation hold» on relevant records?
Rule 29.1.03 will
require parties to agree to a
discovery plan after consulting and having regard to The Sedona Canada Principles Addressing
Electronic Discovery.
Sedona Canada 2d, like its predecessor, shows a lack of understanding of the ERMS technology, i.e., no understanding of the need for standards to ensure the adequacy of
electronic discovery, and its connection to proof of «systems integrity,» as is
required by the
electronic records provisions of the Evidence Acts.
When unusual financial activity is suspected, we can investigate, perform
electronic evidence
discovery, and review financial reports — all with the sensitivity and urgency
required.