A duty to use reasonable efforts to preserve potentially relevant information, including electronic data, arises when litigation has commenced or is reasonably anticipated. Today, mobile devices often contain unique, relevant data. Moreover, due to available technology, preserving mobile data is now generally easy and relatively inexpensive. Quite simply, the combination of unique, relevant data with […]Read more "A Duty to Preserve Mobile Data – YES!"
Email exchanges can create binding contracts, even when a formal document (which both parties expected to have prepared) is never signed, and even when all contract terms are not addressed in the emails, according to the judge in Neurovision v Medtronic. Executives Exchanged Emails Neurovision had sued Medtronic for patent infringement. While the suit was […]Read more "So Easy to Make a Contract in the Digital Age"
In Johns v. Eastman Chemical Company, a federal judge in West Virginia recently ruled that a case could go forward against the seller of a chemical to a chemical distribution company, based on alleged failures to disclose all of the hazards associated with the chemical. The ruling is a reminder that chemical sellers should err […]Read more "Chemical Seller Beware – Disclosure Is Mandatory"
In his Executive Order (“EO”) relating to the Clean Power Plan, President Trump rescinded a 2013 directive, EO 13653, along with other Obama era orders. EO 13653 directed federal facility managers to consider ongoing effects of climate change as they develop and implement plans to maintain and protect federal assets. Does this mean that private […]Read more "President Trump’s Climate Change Action Will Not Lower the Standard of Care Regarding Climate Change Preparedness"