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Litigation

You Want Me to Go Where for My Deposition? A Road Map for Responding to an Adversary’s Attempt to Depose High-Ranking Executives in Far-off Locales

With fewer cases moving to trial, depositions have become the key to civil litigation. Depositions are routinely used by counsel to exert pressure on a party by attempting to depose high-level executives in inconvenient locations, sometimes thousands of miles and many time zones away, in an...

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Technology

Consensus Coding℠: A Game Changer for Human Review

Editor: What are some of the challenges of human review within the e-discovery process? Regard: To date, the human review process can be characterized, at best, as “acceptable” from an industry perspective and, again, at best, as “inconsistent” for companies that engage...

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Bankruptcy & Restructuring

Slouching Towards Bankruptcy: Corporate Fiduciaries Escape Liability in Ultimate Escapes

As a company turns in the widening gyre of financial distress, its directors and officers are often confronted with situations that require them to make difficult decisions. Should things fall apart, those decisions may give rise to claims that directors or officers breached their fiduciary...

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