Shapiro, Lifschitz & Schram

“They really care and provide a sense of comfort.”

Marc Duber – Executive Vice President and Chief Operating Officer, The Bernstein Companies

Litigation

Defendants' "backseat approach" to E-Discovery Warrants Sanctions

In Peerless Industries, Inc. v. Crimson AV LLC, the court held that defendants' total reliance on its E-Discovery vendor's ESI collection processes was "insufficient" and granted plaintiff's sanctions motion. 

E-Discovery Procedural Disputes Doubled in 2012

Kroll Ontrack's technology services division recently released its annual study analyzing state and federal court reported 2012  electronic discovery opinions and noteworthy trends. 

Over the past year, Kroll's e-discovery and information management experts analyzed the nation's most significant state and federal judicial opinions dealing with the preservation, collection, review and production of electronically stored information.

E-Discovery Authority casts doubt on use of keyword searches and other in-house self-collection processes

Companies in litigation are often tempted to conduct part or all of the electronic discovery process in-house in an effort to achieve cost savings.  It is a fact, some decisions to let internal IT personnel handle the brunt of the collection and/or processing phases have resulted in significant savings in the litigation budget.  However, in light of e-discovery authority Judge Scheindlin’s recent discussion in National Day Laborer Organizing Network et al.

JUDGE ORDERS DISCOVERY OF SOCIAL MEDIA, TEXT MESSAGES AND EMAIL

The court in E.E.O.C. v. Original Honeybaked Ham Co. of Georgia, Inc. granted in part the defendant's motion to compel production and ordered the broad discovery of the plaintiff class members' social media, text message and email data. 

CAN AN EMPLOYER OWN CERTAIN EMPLOYEE SOCIAL MEDIA CONTENT?

The answer is “maybe yes”, according to two fairly recent pending lawsuits that highlight some of the challenges businesses are facing when it comes to protecting trade secrets, company information and other business assets. 

COMPANIES NOW FACE COURT SANCTIONS FOR HAVING NOT PRESERVED ELECTRONIC DOCUMENTS MAINTAINED BY ITS THIRD-PARTY CONSULTANTS

E-Discovery savvy companies today are very keen on avoiding the myriad of pitfalls associated with the production of electronic data in litigation.  Experienced and informed in-house counsel are quick to issue litigation hold memos in order that the requisite electronic documents be preserved for potential litigation and the company avoids spoliation sanctions from the court.  Now, in the wake of a recent decision by the U.S.

COURT'S RULING MAY DELAY POWER INDUSTRY CONSTRUCTION

Earlier this year, we reported on the $9.6 billion in new construction likely to stem from industry compliance with the EPA’s new regulations governing power plant emissions.   Those regulations, the Mercury and Air Toxics Standards (MATS) and the Cross-State Air Pollution Rule (CSAPR), were estimated to create nearly 50,000 jobs over the next five years.   However, a decision by the United States Court of Appeal for the District of Columbia Circuit is likely to

John Bergin Continues Defending Defense Verdict in $20 Million MLB Stadium Case on Appeal

SLS’s John Bergin obtained a defense verdict in a case involving the construction of a Major League Baseball Stadium after more than eight years of litigation, a six-week trial, and two rounds of post-trial briefs.  John represented two national general contractors and construction managers who had formed a joint-venture to design and construct the MLB Stadium.  Plaintiff – the alleged assignee of one of their subcontractors – had sued the joint venture for more than $20 million alleging that the joint venture should not have issued a Default Notice during constr

SMACKDOWN: Disrespectful and Uncivil Language

The Fourth Circuit Court of Appeals recently issued a rebuke to the US Attorneys Office regarding the use of disrespectful or uncivil language in appellate briefs. In U.S. v. Venable, No. 11-4216 n.4 (4th Cir. February 15, 2012), the court stated:

Scope of Arbitration Clause Does Not Extend to Ensuing Action to Collect Award - Giron v. Dodds

The District of Columbia Court of Appeals (DC’s highest court) recently held that piercing the corporate veil, i.e., disregarding the corporate entity (“PCV”) to collect on an arbitration award is outside the scope of an arbitration clause.  In a Jan.

Did You Know . . .

Members of the SLS trial group have tried in excess of 50 jury trials and 75 bench trials?

The SLS construction group has worked on sports stadiums across the country including Orioles Park in Baltimore and Paul Brown Stadium in Cincinnati?

The SLS construction group has worked on power plant projects across the country?

In 2007 SLS was selected for an Honorable Mention as one of the Best Places To Work in Washington DC?

Ron Shapiro, Steve Schram and Judd Lifschitz have all been selected as SuperLawyers by Law and Politics?

The SLS office building is an historic townhouse constructed in the late 1800s?

SLS has been selected by Martindale-Hubbell as a Preeminent Law Firm?

SLS trial lawyers have argued appeals in the U.S. Circuit Courts of Appeal for the 4th, 5th, 9th, D.C. and Federal Circuit?

SLS trial lawyers have been lead trial counsel in cases in Arizona, California, District of Columbia, Florida, Louisiana, Maryland, New Jersey, New York, North Carolina, Oregon, Texas, and Virginia, - to name just a few?

Virtually all the cases that SLS trial lawyers mediated have been favorably settled at mediation?

The transactional group at SLS was lead counsel on one of the largest, most complex mixed-use projects in downtown Washington, DC involving 4 lenders and 6 property owners?

In appreciation for the outstanding efforts of each of its employees during 2007, SLS gave everyone (attorneys, paralegals, and staff) a 4 day/3 night expense paid trip to Key West, Florida?

The transactional group at SLS has represented tenants in more than 200 retail leases in the Mid-Atlantic region?

Every attorney in the transactional group at SLS has at least 15 years experience?

The transactional group at SLS has represented developers in the purchase, construction, financing and/or sale of more than 75 multi-family apartment projects?

The transactional group at SLS has represented real estate investors and developers with respect to property in Pennsylvania, West Virginia, Delaware, Maryland, the District of Columbia, Virginia, North Carolina, South Carolina, Georgia, Florida, Texas, Tennessee, Michigan and the U.S. Virginia Islands?

Attorneys in the transactional group at SLS have represented eight national banks in commercial real estate loans?

Attorneys in the transactional group at SLS have represented the FDIC, the Resolution Trust Corporation and several banking institutions in loan workout transactions throughout the Mid-Atlantic region?

The transactional group at SLS has represented homebuilders and commercial real estate developers in work-outs of individual loans and also for work-outs of large portfolios involving dozens of properties in several states?

The trial lawyers of SLS have numerous reported decisions to their credit?