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E-Discovery: Why It Can Impact Your Law SuitDecember 20, 2010What happens to you and your fellow co-workers when the office network is down? Complete and utter chaos, right? This is a fairly predictable answer since in today’s world, paper files are becoming a thing of the past. Instead, we scan documents into the system, make an electronic file, and people then view the information on their laptops, smart phones, or i-Pads. But because every form of data nowadays seems to involve the phrases “save”, “email,” or “text me,” such electronic information is routinely requested in the discovery process of litigation earning the appropriate title, “e-discovery.” And while yes, it is sleeker and more advanced than its paper counterpart, it is important to understand that it also shares one important similarity with regular discovery: it is governed by the same rules which provide that withholding or destroying discovery information will result in serious legal consequences. This issue of parties destroying or withholding e-discovery was most notably seen in the case, Victor Stanley, Inc. v. Creative Pipe, Inc. The Court found that the defendant did in fact destroy and withhold requested e-discovery, which resulted in Magistrate Judge Paul Grimm entering a default judgment in favor of the plaintiff. Additionally, Judge Grimm stated that the defendant’s actions constituted contempt of court and he ordered the defendant to be imprisoned for up to two years unless and until he paid the plaintiff’s attorney fees and costs. The lessons to be learned from this are:
Such collaborative efforts will greatly improve your ability to furnish all the necessary electronic information. If you have questions about this type of process or how to insure accuracy in this area, please feel free to call us. Equipping Your Employees and Company for the WorstDecember 10, 2010When people encounter high pressure situations, their bodies react in one of three ways: fight, flight, or freeze. What some employers do not recognize is that when employees find themselves in unexpected high stress situations, more often than not, workers freeze and are unable to adequately deal with the situation unfolding around them. So how can employers prepare employees for these situations? Here are a few tips:
We hope these suggestions will help when your business faces stressful situations. Please feel free to contact us if you have questions. Frequent Foreclosures for North CarolinaDecember 3, 2010
North Carolina has been making headlines. Why? Because in October 2010, the state’s residential foreclosure rate increased 40 percent from last year’s figure and 13 percent from September 2010’s figure. According to the Irvine, CA based company Realty Trac Inc., which keeps tabs on default notices, auction sale notices, and bank repossessions, in October 2010, 4,818 North Carolina homes were involved in the foreclosure process. This translates to one out of every 872 North Carolina households in foreclosure. In comparison to other states, North Carolina ranks 31st in rate of foreclosure filings. Ranked no. 1 is Nevada, followed by Arizona and Florida. Vermont has the lowest foreclosure rate in the nation. Yet despite recent foreclosure increases seen in states like North Carolina, in October 2010, foreclosures nationwide decreased by .04 percent from last year’s rate and 4.4 percent from September 2010’s rate. The numbers suggest that in October 2010, one out of every 389 U.S. households received a foreclosure filing. But even with this supposed decrease, October 2010 marks the 20th consecutive month where more than 300,000 U.S. homeowners received a foreclosure notice, says Realty Trac. The issue of foreclosure is not limited to the residential market. Commercial foreclosures are up as well. Our experience seems to indicate that there are more commercial loan agreements which are nearing default and possible foreclosure than in the last year. If you have questions pertaining to this area of law, please feel free to contact us. |
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