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Why You Should Join the Growing Number of Attorneys Using iPads | Cogent Legal – JDSupra (Morgan Smith)

July 31, 2012 by Leave a Comment

I found the comprehensive study released by the ABA on attorneys’ use of technology very interesting. Kevin O’Keefe summarized the study done by Jeff Richardson as follows:

In 2012, 33% of all attorneys report using a tablet for law-related tasks (more than double the 15% in 2011), and 91% of the 33% (or 30% of all attorneys) are using an iPad. In light of the ease of use and wide availability of good programs being developed for the iPad, I am firmly of the opinion that it (and perhaps its Google counterpart the Nexus 7) will continue to expand greatly in the legal field. Attorneys can take control of the devices from their kids, and start using them for the office, mediation and trial.

via Why You Should Join the Growing Number of Attorneys Using iPads | Cogent Legal – JDSupra.

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What U.S. General Counsel Need to Know About Offshore Litigation | Corporate Counsel (Jeremy Walton)

July 31, 2012 by Leave a Comment

General counsel of U.S. corporations contemplating litigation in offshore jurisdictions like Bermuda, the British Virgin Islands, and the Cayman Islands may be reminded of the Cole Porter song “So Near and Yet so Far.” Much will be familiar—attorneys versed in the same common law heritage and speaking more or less the same legal language. But there are pitfalls for the uninitiated and traps for the unwary. There are also some benefits that are not available in U.S. courts and which can turn the choice of an offshore forum into a positive advantage.

The following should be on any GC’s list of things to consider before initiating litigation in an offshore jurisdiction: hunting for assets offshore; preserving any assets that are found; selecting the right counsel; and understanding the causes of action and remedies available.

Some commentators have incorrectly described these as “secrecy jurisdictions,” where very little information about companies and their assets is publicly available. However, offshore courts have no interest in protecting the identity or assets of defendants whose use of offshore companies or trusts might otherwise frustrate a valid claim or perpetuate a fraud. These courts have therefore developed a range of remedies to assist plaintiffs who want to find out at the outset of or even before initiating litigation what assets exist and who is holding them on behalf of a target defendant.

via What U.S. General Counsel Need to Know About Offshore Litigation.

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Failure to Disable Auto-Delete and To Follow Up with Recipients of Litigation Hold Results in Adverse Inference : Electronic Discovery Law

July 31, 2012 by Leave a Comment

Apple, Inc. v. Samsung Elecs. Co. Ltd., No. C 11-1846 LHK (PSG) (N.D. Cal. July 25, 2012)

In this case, the court sanctioned Defendant for the loss of relevant emails resulting from Defendant’s failure to halt the auto-delete feature of its proprietary email system and failure to appropriately follow up with employees subject to the litigation hold to ensure compliance.  As a sanction, the court ordered an adverse inference instruction allowing the jury to presume that the evidence lost was both relevant and favorable to the plaintiff.

The primary focus of this opinion was Defendant’s failure to disable the biweekly auto-delete feature of its proprietary email system despite a duty to preserve (notably, the same auto-delete feature had previously resulted in sanctions in a prior case).  Compounding the problem was Defendant’s failure to follow up with its employees to ensure their compliance with the litigation hold.  Rather, it was within each employee’s discretion whether to save relevant documents.  As a result of these failures, relevant emails were lost.

Of note in this case was the fact that Defendant issued at least two rounds of litigation holds many months apart—one upon receipt of notice of infringement and one after Plaintiff filed suit.  Also of note, the first litigation hold was distributed to only 27 people, while the second round reached more than 2,700.  Following distribution of the first hold, no follow up efforts were undertaken. Following the second, significant effort was undertaken to educate employees on their preservation obligation and how to uphold it.  However, the auto-delete functionality was never disabled and Defendant has not presented evidence that its custodians were in compliance with their preservation obligation even “to this day.”  Indeed, “[Defendant] has never attempted to verify” whether its employees were complying with “the instructions they were told to follow.”

via Failure to Disable Auto-Delete and To Follow Up with Recipients of Litigation Hold Results in Adverse Inference : Electronic Discovery Law.

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E-Commerce News: Virtualization: Make Way for the Software-Defined Data Center | E-Commerce Times (Charles King)

July 31, 2012 by Leave a Comment

A challenging economy, stronger competition, and customers unwilling to lock themselves into single-vendor deals highlight the critical role heterogeneous solutions play. VMware clearly understands both the dangers of being on the wrong side of history and the substantial benefits that should accrue by supporting Nicira’s longstanding dedication to open principles and heterogeneous hypervisors.

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The messaging in VMware’s announcement of its planned acquisition of Nicira offers insight into both the company’s view of the deal and the current state of cloud computing. In essence, without virtualization, cloud computing is an amorphous pipe dream. However, virtualization alone — or of one type or in just one portion of the IT infrastructure — isn’t enough to support truly agile, elastic, efficient and reliable compute clouds.

Instead, vendors need to supply and businesses need to adopt virtualization solutions that extend across and allow the abstraction, aggregation, pooling and management of all IT infrastructure assets. The result of that vision is what VMware calls the “software-defined data center” of which the company considers Nicira’s software-defined networking (SDN) technologies to be a cornerstone.

via E-Commerce News: Virtualization: Make Way for the Software-Defined Data Center.

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How A (Non-Apple) U.S. Patent Might Just Change the World – Forbes (Michael Klozotsky)

July 31, 2012 by Leave a Comment

Yesterday in California, an ostensively historic brouhaha took center stage in Federal Court over smartphone patents between technology titans Apple and Samsung. Depending on the final outcome, the case may prove momentous not simply because Apple is seeking an unprecedented $2.5B in damages, but because the nature of Apple’s patent infringement claims against its rival hinge on particular design elements of its iPhone that may or may not have “changed the world.”

Wait just a second. A two and a half billion dollar lawsuit based not on the technological guts of the iPhone? (That’s correct.) In a case that doesn’t even pit the actual Android operating system in Samsung’s mobile devices against Apple’s iOS? (You got it.)

The fundamental aspects of Apple’s legal arguments can be distilled to: Is it rectangular in shape? Does it have a glass face? Are its corners rounded instead of sharp? Very well then, there’s an app—I mean a patent—for that. And Apple professes to hold it. You see, it’s not the thing itself—it’s the structures that “make it happen” that matter.

via How A (Non-Apple) U.S. Patent Might Just Change the World – Forbes.

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