January 24, 2019
Redaction in the News
Redaction, the editing of a document to hide portions to prevent public view, has been in the news. Recently, in a high profile filing in a criminal case, the failure to properly redact a document resulted in public access to information that should have been sealed. As noted in the Washington Post and other papers, a filing by counsel for Paul Manafort inadvertently…
December 26, 2018
James Marshall Hendrix, better known as “Jimi,” who many consider the greatest guitarist of all time, died of a drug overdose at age twenty-seven. Given the guitarist’s hard-charging life, Jimi Hendrix – to the shock of no one - died intestate. His heirs have been embroiled in litigation ever since, and the latest chapter in this saga involves the trademark usage of his name and likeness.…
December 26, 2018
Technology . . . It is helpful. It is useful. Some might say they cannot live without it, and many no longer do. Today, many individuals have some type of “smart speaker” within their homes. One of the most popular devices is an Amazon Echo. Amazon Echo (along with other media playing devices; i.e., Google Home, Sonos One) is a smart speaker that operates with artificial intelligence. When a…
December 26, 2018
"Alexa, Play Country Roads..."
by Jessica L. Robey
Technology . . . It is helpful. It is useful. Some might say they cannot live without it, and many no longer do. Today, many individuals have some type of “smart speaker” within their homes. One of the most popular devices is an Amazon Echo. Amazon Echo (along with other media playing devices; i.e., Google Home, Sonos One) is a smart speaker that…
October 24, 2018
The European Union’s1 General Data Protection Regulation (“GDPR”),2 effective May 25, 2018, has created a shift in data privacy regulation. As the economy has become more globalized, political officials in EU member nations are concerned that their citizens’ personal data has been exploited without their knowledge or approval by companies around the world.
What is the GDPR?
Adopted in April 2016,…
October 24, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
The General Data Protection Regulation Reaches Far Beyond the EU
The European Union’s General Data Protection Regulation (“GDPR”), effective May 25, 2018, has created a shift in…
October 24, 2018
Data breaches are a serious risk, and organizations should allocate resources to prevent them. However, although extremely important, a company should consider more than prevention alone. Businesses allocate significant resources to prevent accidents, disasters, and other undesirable events, including data breaches. However, such events inevitably still happen. For this reason, organizations must…
September 27, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
Are an Employee’s Text Messages Discoverable?
Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests…
September 27, 2018
Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests must be cognizant of whether their employees’ devices should be preserved and collected to review for electronically stored data. As a general matter, to be discoverable, a document must be within the control of the party from whom the request is made. While there are…
August 22, 2018
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to sue creditors to recover transfers made by the debtor within the 90-day period before the bankruptcy case was filed, commonly referred to as the “preference period.”1 Clients often think it is unfair to be required to give back a transfer that they rightfully received from the debtor in…
August 22, 2018
Consumer DNA testing services have surged in popularity in recent years. One report estimates that the market could triple in value from $99 million in 2017 to $310 million by 2022.1 Companies like 23andMe, AncestryDNA, Family Tree DNA and MyHeritage provide direct-to-consumer genetic testing services for individuals interested in learning about and exploring their DNA.
With direct-to-consumer…
August 22, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
Best Practices to Minimize Exposure to Bankruptcy Preference Actions
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to…
January 24, 2019
Redaction in the News
Redaction, the editing of a document to hide portions to prevent public view, has been in the news. Recently, in a high profile filing in a criminal case, the failure to properly redact a document resulted in public access to information that should have been sealed. As noted in the Washington Post and other papers, a filing by counsel for Paul Manafort inadvertently…
December 26, 2018
James Marshall Hendrix, better known as “Jimi,” who many consider the greatest guitarist of all time, died of a drug overdose at age twenty-seven. Given the guitarist’s hard-charging life, Jimi Hendrix – to the shock of no one - died intestate. His heirs have been embroiled in litigation ever since, and the latest chapter in this saga involves the trademark usage of his name and likeness.…
December 26, 2018
Technology . . . It is helpful. It is useful. Some might say they cannot live without it, and many no longer do. Today, many individuals have some type of “smart speaker” within their homes. One of the most popular devices is an Amazon Echo. Amazon Echo (along with other media playing devices; i.e., Google Home, Sonos One) is a smart speaker that operates with artificial intelligence. When a…
December 26, 2018
"Alexa, Play Country Roads..."
by Jessica L. Robey
Technology . . . It is helpful. It is useful. Some might say they cannot live without it, and many no longer do. Today, many individuals have some type of “smart speaker” within their homes. One of the most popular devices is an Amazon Echo. Amazon Echo (along with other media playing devices; i.e., Google Home, Sonos One) is a smart speaker that…
October 24, 2018
The European Union’s1 General Data Protection Regulation (“GDPR”),2 effective May 25, 2018, has created a shift in data privacy regulation. As the economy has become more globalized, political officials in EU member nations are concerned that their citizens’ personal data has been exploited without their knowledge or approval by companies around the world.
What is the GDPR?
Adopted in April 2016,…
October 24, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
The General Data Protection Regulation Reaches Far Beyond the EU
The European Union’s General Data Protection Regulation (“GDPR”), effective May 25, 2018, has created a shift in…
October 24, 2018
Data breaches are a serious risk, and organizations should allocate resources to prevent them. However, although extremely important, a company should consider more than prevention alone. Businesses allocate significant resources to prevent accidents, disasters, and other undesirable events, including data breaches. However, such events inevitably still happen. For this reason, organizations must…
September 27, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
Are an Employee’s Text Messages Discoverable?
Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests…
September 27, 2018
Today, as more and more business is conducted on handheld mobile devices, companies responding in litigation to discovery requests must be cognizant of whether their employees’ devices should be preserved and collected to review for electronically stored data. As a general matter, to be discoverable, a document must be within the control of the party from whom the request is made. While there are…
August 22, 2018
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to sue creditors to recover transfers made by the debtor within the 90-day period before the bankruptcy case was filed, commonly referred to as the “preference period.”1 Clients often think it is unfair to be required to give back a transfer that they rightfully received from the debtor in…
August 22, 2018
Consumer DNA testing services have surged in popularity in recent years. One report estimates that the market could triple in value from $99 million in 2017 to $310 million by 2022.1 Companies like 23andMe, AncestryDNA, Family Tree DNA and MyHeritage provide direct-to-consumer genetic testing services for individuals interested in learning about and exploring their DNA.
With direct-to-consumer…
August 22, 2018
Welcome to this edition of Jackson Kelly PLLC's blog, In Anticipation of Litigation Advisor. Each month we aim to bring you timely and relevant articles on topics that will help your company be #prepared for litigation.
Best Practices to Minimize Exposure to Bankruptcy Preference Actions
The Bankruptcy Code permits a bankruptcy debtor (or a bankruptcy trustee standing in the debtor’s shoes) to…
