FROM THE CURRENT ISSUE
Investigations
Deciding Where to Review Overseas Client's Documents
Reviewing a foreign client's documents in your office is quicker, less expensive, and far more convenient than flying a team of lawyers to the client's overseas headquarters, but recent decisions on discovery suggest that the prudent course in a government investigation may be to take the next flight.
SPONSOR SPOTLIGHT
Electronically Stored Information
Sanctions for Spoliation: No Bright-Line Rules
Since the decisions in Pension Committee, Rimkus and Victor Stanley, several federal district courts have weighed in on the proper analysis for ESI spoliation motions with differing results, but some trends are emerging.
FROM THE PREVIOUS ISSUE
Employment Agreements
Recent Trends in New York Noncompetition Litigation
New York courts have seen an increase in noncompetition cases based on restrictive employment covenants over the last few years, particularly in the federal courts, and while many of these cases settle shortly after the initial injunction stage has been determined, it appears nonetheless that New York courts are becoming increasingly employer-friendly.
SPONSOR SPOTLIGHT
Contract Drafting
Full Disclosure 10b-5 Representation
A discussion of the full disclosure representation in cash-financed acquisitions of privately held companies; its interaction with Rule 10b-5, the general anti-fraud regulation promulgated under the Securities Exchange Act of 1934, on which it is based; and a seller's possible responses to a buyer's inclusion of this representation.
