It may be that Vaporstream's talk around spoliation is evolving, since I could not find within their current FAQs what was referenced by the Browning article, and what the Wayback Machine shows is a rather bold claim that preservation obligations and
litigation holds do not apply.
Not exact matches
RELEASE OF LIABILITY You agree that: in consideration of Tails of Gray allowing your participation in this activity, under the terms set forth herein, you, for yourself and on behalf of your child or legal ward, heirs, administrators, personal representatives or assigns,
do agree to
hold harmless, release, and discharge Tails of Gray, its agent employees, officers, directors, representatives, assigns, members, affiliated organizations, Insurers, and others acting on its behalf of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown anticipated or unanticipated, due to the Tails of Gray and or its associates ordinary negligence: and you further agree that you shall bring no claims, demands, actions and causes of action, and or
litigation due to injury, including but not limited to serious bodily injury, death or property damage, sustained by you or your minor child and or legal ward in relation to the premises and operations of Tails of Gray.
The only way to
hold automotive companies accountable is through aggressive
litigation and we intend to
do just that with this case.»
The categories that we were short - listed for this year were: · Property and Construction Team of the Year; and ·
Litigation and Dispute Resolution Team of the Year This year's official awards ceremony was
held at The Westin Mina Seyahi, in Dubai on 15 May 2014 and although we
did not win awards this time around, it was a privilege to be shortlisted for our role in some of the region's most prestigious work.
Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15 - 1439,
holding that the Securities
Litigation Uniform Standards Act of 1998
did not strip state courts of jurisdiction to adjudicate class actions alleging only violations of the Securities Act of 1933 or authorize removing such actions from state court.
The court
held that a criminal investigation could not be considered
litigation in this context, as a criminal investigation
did not always result in a criminal prosecution.
Having contact in key departments so you can go — rather than, on a Friday afternoon, panicking — because you have to immediately put a
litigation hold in place and you have no idea how to
do it.
In subsequent
litigation the judge
held, inter alia, that the claimant was entitled to an indemnity from the defendant in respect of those sums properly sought by HSJ and that the notices served by NCP pursuant to s 17 (2) of LT (C) A 1995
did not comply with s 17.
Last week, the SCOTUS
held that unions representing public employees can collect
litigation costs as part of a compulsory fee authorized under state law, even if the
litigation does not directly involve the collective bargaining unit.
Instituting a
litigation hold at the outset of
litigation (or even before) is one of the most important things an attorney can
do for their clients, especially with the increase in spoliation motions in the last couple years, and after Zubulake.
It
held that a
litigation funding agreement
did not violate the rule against champerty and maintenance and indeed helped to provide access to justice to the plaintiff.
How
do you handle
litigation holds?
Civil
litigation also helps victims and their families obtain and sense of justice and it gives them the satisfaction of having
done their part to
hold the wrongdoers accountable and ensure that others are not victimized in the same manner.
Our representation of the noteholders in bankruptcy court
litigation led to a confirmed plan under which our clients received (i) the opportunity to buy Energy Future
Holdings» regulated utility Oncor and convert its parent into a real estate investment trust (REIT), and (ii) a down - side recovery, along with other unsecured creditors, of US$ 550 million in the event the transaction
did not close.
Subscribe here to be notified when new videos are posted and also check out two of the most recent SlideShares from D4; Digital Evidence Preservation
Dos and Don'ts and
Litigation Holds Best Practices.
It was
held that the subject matter of the direction was covered by both
litigation privilege and legal professional privilege, and the court
did not have power to override them.
Well, lo and behold, I didn't get any DLA Piper bills, but I
did recently get the next best thing — bills from a
litigation case that involves the Big Law firm of Lowenstein & Sandler, in a no -
holds - barred cage fight with none other than DLA Piper.
Looking more closely at billing rates for this firm size shows that this result is the effect of two factors: partners
doing IP
Litigation work have
held their rates flat and that work has shifted to more junior partners from more senior partners (see Figure 6).
«Don't assume your outside counsel is fluent in social media,» said Michelle Sherman, senior corporate counsel for
litigation at Farmers Group Inc., during a panel discussion about social media and the importance of including it in a
litigation hold at the Association of Corporate Counsel's annual meeting in Boston yesterday.
Suppliers that don't can be
held in contempt of court and possibly jailed, but that provision is difficult or in some cases, impossible to enforce abroad, according to Lou Brzezinski, a partner in Blaney McMurtry's commercial
litigation group.
Korean law
does not impose document -
hold obligations on parties that may be facing
litigation or prosecution.
The spate of U.S.
litigation should prompt Canadian employers to mull over the following obvious questions:
Do plan fees
hold up against a benchmark of fees charged by other plans?
(1) extending negligent misrepresentation beyond «business transactions» to product liability, unprecedented in Texas; (2) ignoring multiple US Supreme Court decisions that express and implied preemption operate independently (as discussed here) to dismiss implied preemption with nothing more than a cite to the Medtronic v. Lohr express preemption decision; (3) inventing some sort of state - law tort to second - guess the defendant following one FDA marketing approach (§ 510k clearance) over another (pre-market approval), unprecedented anywhere; (4)
holding that the learned intermediary rule
does not apply whenever a defendant «compensates» or «incentivizes» physicians to use its products, absent any Texas state or appellate authority; (5) imposing strict liability on an entity not in the product's chain of sale, contrary to Texas statute (§ 82.001 (2)-RRB-; (6) creating a claim for «tortious interference» with the physician - patient relationship, again utterly unprecedented; (7) creating «vicarious» breach of fiduciary duty for engaging doctors to serve as expert witnesses in mass tort
litigation also involving their patients, ditto; and (8) construing a consulting agreement with a physician as «commercial bribery» to avoid the Texas cap on punitive damages, jaw - droppingly unprecedented.
If an injury
does occur at your rented home, you might end up being
held responsible for financial losses incurred by the victim, such as medical bills, lost wages, and even legal fees if the case goes into
litigation.
By enacting the «gatekeeper» and venue provisions, the bill begins to address the flaws in the patent
litigation system that allow patent abusers, companies that
do not produce or invent anything, to force our country's most innovative companies to divert billions of dollars away from innovation and job creation into
litigation costs and
hold - up settlements.
Does your background screening program
hold up against the threats of regulation, legislation, and
litigation?
So the Buyer or Seller on the occasion of the agreement becoming null and void want to
do one of two things in respect of deposits: return it or
hold subject to possible
litigation.