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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Tag Archives: litigation

Don’t Let Your Guard Down After Reaching an “Agreement in Principle”

Posted in Arbitration and Mediation, Contracts, Settlements and Releases

It’s human nature to engage in an emotional exhale after reaching an agreement in principle to settle a long-standing or hard-fought dispute. While doing so is all well and good, it is critical that you don’t let that deter you from exercising extreme focus on documenting that settlement in a carefully crafted agreement. Indeed, as… Continue Reading

Obtaining or Avoiding a Freeze on a Bank or Other Financial Account Can Require Swift Action or Reaction

Posted in Injunctions and Attachments, Pre-Litigation Considerations

During the dog days of summer, anything with the word “freeze” may sound appealing. But if the freeze is a “trustee process attachment” (tying up a bank or other institutional account), a whole different set of emotions can be evoked. As I discussed in Gain Leverage by Freezing Bank Accounts – Part I and Part… Continue Reading

Arbitration vs. Litigation – Substantive Differences Beyond Time and Expense

Posted in Arbitration and Mediation, Discovery, Pre-Litigation Considerations

In an earlier post, “Is Arbitration Quicker, Cheaper and Better for You?” I discussed why having a faster and less expensive dispute resolution mechanism may not be in your best interest.  Make no mistake, however, the differences between traditional litigation and arbitration go well beyond the time and expense it takes to complete the respective… Continue Reading

In-House Counsel and the Attorney-Client Privilege

Posted in Attorney-Client Privilege, Privacy & Data Security

Because the role of most in-house counsel goes well beyond that of providing legal advice, whether communications with in-house counsel are privileged is a much more nuanced issue than it is with respect to communications with outside counsel. General Principles Applicable to all Claims of the Privilege 1.  Not all communications with attorneys are privileged; only communications for the purpose… Continue Reading

A Company’s Obligation to Preserve Electronically Stored Information

Posted in Discovery, Miscellaneous, Privacy & Data Security

While non-lawyers may not have heard of the term “spoliation,” most people intuitively know that destroying evidence related to an ongoing litigation is a bad thing to do.  Conversely, even many lawyers do not know the breadth of a company’s obligation to preserve evidence, particularly electronically stored information (which is quaintly referred to as “ESI”). … Continue Reading