Introduction
After being notified by our internal legal department at Blue Arrow Technologies (referred to as BAT henceforth) of pending legal action against Just Act Magnificently Inc. (referred to as JAM henceforth), I was instructed to write a memorandum of general requirements and concerns about the legal proceedings. I was also instructed to be ready for the possibility of the same proceedings regarding other companies and employees.
The process for electronic discovery is complex and will involve notifying JAM as soon as possible with a legal notice called a “Litigation Hold” notice. While the notification is being processed by the BAT legal team and delivered to JAM, our internal computer security team will begin our own discovery of company networks, computers, cell phones, and logs.
Litigation Hold
“When a reasonable expectation of litigation exists, organizations are required to preserve electronically stored information (including e-mail) that's relevant to the case“(“Understanding Litigation Hold: Exchange 2010 Help,” n.d.). What that means in non-technical terms is that once BAT issues a notice to JAM of the intent to pursue legal action for the hiring of John Schmoe, they are legally required to identify, locate and preserve electronically stored information (referred to as ESI henceforth). If JAM refuses to comply, or allows for the destruction of ESI after receiving the notice, BAT can pursue further legal action for the wanton destruction of ESI. Since the notice and expectation also functions in reverse, BAT must plan for the same. The following are examples for steps to take in a litigation hold (“Litigation Hold”, n.d.):
• Communicate to the everyone who needs to know that there is a litigation hold
• Establi...
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Litigation Hold Procedures. (n.d.) Retrieved May 25, 2014, from http://www.tamus.edu/assets/files/legal/pdf/Sample%20Litigation%20Hold%20Procedures.pdf
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Peter Paralegal is employed by Honest Law Firm and has been instructed by his supervising attorney to prepare and conduct initial interviews with two potential clients to see if a conflict of interest is present. Big Box and Value Mart are competitors and are requesting representation by Honest Law Firm on matters that are unrelated to one another. Peter Paralegal was also asked to perform tasks related to the cases such as; prepare questions and conduct initial interviews, explain legal fees arrangements, establish the attorney-client relations, draft initial pleadings and responses, interview witnesses, draft and sign initial case evaluation letters.
This case is based on Mrs. Jennifer Sharkey, who sued J.P. Morgan & Co. (JCMC), Mr. Kenny, Mr. Green, and Mrs. Lassiter, alleging breach of contract and violations of the SOX anti-retaliation statute. The facts started when Mrs. Sharkey was assigned to a Suspect Client 's account where members of JPMC expressed to her their concern regarding to this account because they suspected that the Suspect Client was involved in illegal activities. After Mrs. Sharkey’s investigation, she claimed that she informed her conclusions to superiors Mr. Kenny, Mr. Green, and Mrs. Lassiter, of the Suspect Client 's potential unlawful activities, such as: money laundering, mail fraud, bank engaged in fraud, and violations of federal securities laws. After
Miller, R. L., and Hollowell, W. E. (2006). 2007 Business law and legal environment texts. Mason, OH: West Legal Studies in Business.
...Streeter 275. Courtesy of the Tarlton Law Library, Jamail Center for Legal Research, The University of Texas at Austin, 2013. Web. 3 February 2014.
E-discovery is the discovery of any information stored in electronic files, which deals with trading information in any electronic format, requested for inclusion in a lawsuit. Information complied from e-discovery is later identified as potentially relevant by attorneys. Evidence is there after extracted and analyzed, and then later reviewed using a review system. E-discovery includes many different materials, which is subject but not limited to: email communication, company reports, voicemails, audio and video files, social media, databases, and supplementary file types.
Schmitz, A. (2012). The Legal Environment and Business Law (Executive M.B.A. Edition v. 1.10 ed.). [Adobe PDF]. Retrieved from
The planned settlement is a concession reflecting the reality that ending the hearing would expose Microsoft to an undefined result and would put the government case at risk. The government dropped numerous basics of the conduct remedies that they had accomplished in the original hearing and the ...
United States v. Emerson. No. 99-10331 U.S. Court of Appeals for the Fifth Circuit. 2001 Online. Find Law. 30 Mar. 2005
Ombudsman provide advocacy that protects the health, safety, welfare and rights of individuals receiving long term care. Assistance is available to mediate residents’ concerns with nursing homes, personal care homes, assisted living facilities, adult daily living centers and with community-based services provided in their residence. Ombudsmen are trained to protect the rights of older Pennsylvanians living in Berks County. Issues that may arise at these facilities include issues involving care, transfers and discharges from the facility, neglect or changes in services. Any individual living in a facility has the right to be treated with dignity and respect, to be informed of their rights, to not be discriminated against, neglected or abused. The Ombudsmen’s main concern is about the quality of care or treatment residents receive and their quality of life. Other roles of Ombudsmen include providing education to facility residents and staff, monitoring for quality assurance, participating in state inspection surveys.
"Summary of United States V. Emerson." FindLaw: Cases and Codes. Thomson Reuters. Web. 29 May 2010. .
Because the field of Business Law is so great, this paper will examine a single aspect of Business Law, that of antitrust action. Specifically, as it is applied to Microsoft, antitrust litigation is raising eyebrows in both the legal and business worlds.
According to the article authored by Mark Rupert, what are the seven best practices in the roles and responsibilities of an internal audit function?
The Methods of Discovery is when both parties present all the evidence that they have. Both parties have the right to interview all witnesses of all the ...
James G. Skakoon, W. J. King and Alan Sklar (2007). The Unwritten Laws of Business. /: Tantor Media.
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