ABA Section of Business Law
Business Law Today
Volume 8, Number 5 - May/June 1999
New page, same ol’ story
Independent booksellers vs. the giants
By KRISTEN SCHMIDT
The subtitle says it all. Think of the recent Tom Hanks movie, "You’ve got mail," about a small bookstore owner who found herself put out of business by Hanks’ father’s bookstore chain. In reality, the independents are going after the giants in court case. The author tells what’s at stake and how the battle is being fought.
If the slate is wiped clean
Spoliation: What it can mean for your case.
By RANDOLPH A. KAHN and KRISTI L. VAIDEN
The unavailability of accurate and reliable electronic records can be a fertile ground for potential liability. The authors discuss how to properly manage corporate electronic records. Spoliation means the altering, destroying, suppressing or losing of evidence.
Lost? No. Found? Yes.
Those computer tapes and e-mails are evidence.
By JOAN E. FELDMAN and LARRY G. JOHNSON
Remember that electronically stored files are discoverable in litigation and can be used as evidence. E-mail can be frozen in time like bugs in amber. Back-up systems give a historical snapshot of data in the system. And then there are audit trails and "deleted" files that aren’t deleted. If you or your client company don’t realize the problems and possibilities in all this, it’s time you did.
Get your crayons out
Sure, you like words. But an image can make your case.
By STEVE WEISE
We’re talking about plain English, you know, getting the concept out in the clearest manner possible. The author advises business lawyers to use drawings to show movement and the relationship between issues. Create a mental picture with a real one. Help make your point by drawing on your computer. With examples.
Change, the SEC and . . . me
Reflections from the loyal opposition
By CARL W. SCHNEIDER
Schneider has had a lengthy career as a securities lawyer. He’s been suggesting changes in the securities laws to the SEC for years, and most of his suggestions have eventually been adopted. In a first-person story, he tells how he did it and how others might follow along on the road to reform.
Excuse me, are you authorized to practice here?
California builds a wall against out-of-state law firms
By KATHRYN A. TONGUE and JOHNA. MARZULLO
The California Supreme Court has held against a New York law firm for the unauthorized practice of law in the Golden State. And the U.S. Supreme Court has decided not to get into the fray. What happened? What does the future hold? An exercise in multi-state interests and the interstate practice of law.
Aggressive ADR?
Yes: It’s all part of supercharged litigation.
By JOHN LEO WAGNER
The author talks about the marriage of zealous advocacy and aggressive alternative dispute resolution. There’s a bundle of new techniques to deal with the question: Why does it sometimes take years to reach a settlement? It shouldn’t.
New page, same ol’ storyIndependent booksellers vs. the giants
By KRISTEN SCHMIDT
The subtitle says it all. Think of the recent Tom Hanks movie, "You’ve got mail," about a small bookstore owner who found herself put out of business by Hanks’ father’s bookstore chain. In reality, the independents are going after the giants in court case. The author tells what’s at stake and how the battle is being fought.
If the slate is wiped clean
Spoliation: What it can mean for your case.
By RANDOLPH A. KAHN and KRISTI L. VAIDEN
The unavailability of accurate and reliable electronic records can be a fertile ground for potential liability. The authors discuss how to properly manage corporate electronic records. Spoliation means the altering, destroying, suppressing or losing of evidence.
Lost? No. Found? Yes.
Those computer tapes and e-mails are evidence.
By JOAN E. FELDMAN and LARRY G. JOHNSON
Remember that electronically stored files are discoverable in litigation and can be used as evidence. E-mail can be frozen in time like bugs in amber. Back-up systems give a historical snapshot of data in the system. And then there are audit trails and "deleted" files that aren’t deleted. If you or your client company don’t realize the problems and possibilities in all this, it’s time you did.
Get your crayons out
Sure, you like words. But an image can make your case.
By STEVE WEISE
We’re talking about plain English, you know, getting the concept out in the clearest manner possible. The author advises business lawyers to use drawings to show movement and the relationship between issues. Create a mental picture with a real one. Help make your point by drawing on your computer. With examples.
Change, the SEC and . . . me
Reflections from the loyal opposition
By CARL W. SCHNEIDER
Schneider has had a lengthy career as a securities lawyer. He’s been suggesting changes in the securities laws to the SEC for years, and most of his suggestions have eventually been adopted. In a first-person story, he tells how he did it and how others might follow along on the road to reform.
Excuse me, are you authorized to practice here?
California builds a wall against out-of-state law firms
By KATHRYN A. TONGUE and JOHNA. MARZULLO
The California Supreme Court has held against a New York law firm for the unauthorized practice of law in the Golden State. And the U.S. Supreme Court has decided not to get into the fray. What happened? What does the future hold? An exercise in multi-state interests and the interstate practice of law.
Aggressive ADR?
Yes: It’s all part of supercharged litigation.
By JOHN LEO WAGNER
The author talks about the marriage of zealous advocacy and aggressive alternative dispute resolution. There’s a bundle of new techniques to deal with the question: Why does it sometimes take years to reach a settlement? It shouldn’t.
