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Is There an Emoji for Spoliation? Best Practices for Preserving, Collecting and Producing Text Messages

Communications via text messages are often discoverable and responsive to document requests. Preserving, collecting and producing these communications present many unique challenges that are different from those arising from e-mails. These challenges become very difficult when the text communications are on employees personal devices. This panel will discuss best practices for polices related to business communications via text. The panel will also present solutions for efficient and cost effective collection and production of text messages.

Click on the registration button to RSVP for this event.  Use the Zoom credentials below to join in the webinar.

 

https://accinhouse.zoom.us/j/99743747346?pwd=L21DdmZPNVVHdjVnVG1UMVUwTlhHUT09

 

Passcode: 936231

ONC Lawyers
4 pages

The Coronavirus pandemic has seen a boost in popularity in alternative dispute resolution processes, which obviously face some technical and logistical challenges, but have also shown to aid in facilitating dispute resolution in a flexible and cost-effective measure. The article also provides sample contract clauses for parties to consider including as part of their process so that all of the guidelines are explicitly laid out.

Resource Details
Region: Hong Kong, Global
Audience: Deputy GC, Mid-Career, Small Law Departments, Large Law Departments
ONC Lawyers
4 pages

New laws in the People’s Republic of China – which went into effect on 1 January 2021 – have completely revamped the rules pertaining to the succession of the deceased’s assets into a more organized system. The new policies, which have replaced laws in place since 1985, provide more guidelines and structure regarding appointing estate administrators and their scope of power.

Resource Details
Region: China
Audience: Mid-Career, New to In-House, Small Law Departments, Large Law Departments
James Noble, Partner, Kate Lan, Senior Associate, and Yan Chng, Associate, Carey Olsen
3 pages

This article examines the recent trends in cases which involve the extent of a Court’s jurisdiction to determine a “just and equitable winding up petition” when the two parties involved have a valid arbitration agreement between them.

Resource Details
Region: British Virgin Isles, Hong Kong
Audience: Deputy GC, Mid-Career

The reopening of courts and expected backlog of commercial and tort litigation filings brings an impending wave of litigation activity ready to roll in. Join Omni Bridgeway’s Investment Manager and Legal Counsel, Fiona Chaney and Norton Rose Fulbright Partners Rebecca Lawlor Calkins, Catherine Hagerty and James Turken as they discuss navigating case valuations with an economic and business perspective, costs of litigation and the use of litigation funding.

This program will consider the often-lost art of the discovery deposition. Are they worth the cost? How can discovery depositions be used as a tool for earlier case resolution? Discussion will focus on the role of in-house counsel in providing strategic direction to trial counsel and selecting and preparing corporate witnesses for depositions.

Max Shapiro, Partner, Blake, Cassels & Graydon LLP (Toronto), Robin Linley, Partner, Blake, Cassels & Graydon LLP (Toronto), and Natasha Lombardi, Associate, Blake, Cassels & Graydon LLP (Toronto)

Given the close relationship between the United States (US) and Canada, it is common for commercial disputes with US origins to migrate north and take on cross-border dimensions. There are certain key considerations for in-house counsel to keep in mind once a dispute reaches Canada. All Canadian provinces except for Quebec follow the common law system, to which this article is limited.

Resource Details
Region: Canada, United States
Audience: Deputy GC, Mid-Career, CLO / GC

Wage-and-hour class actions, especially when coupled with representative claims brought pursuant to the California Private Attorneys General Act of 2004 (“PAGA”), can present California employers with astronomical theoretical exposure based on merely technical violations of the California Labor Code that cause no actual harm.  While well-crafted arbitration agreements can minimize the risk of most class action claims in the wage-and-hour context, PAGA claims cannot be arbitrated, and controlling caselaw offers employers fewer “exit ramps” short of a high-stakes trial.  This program offers an overview of wage-and-hour class actions and non-class PAGA actions, strategies for managing the risk of such cases, including when multiple follow-on cases are filed, and commentary on the key decision points affecting in-house counsel’s ability to apprise the business of these risks.

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