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Trust Me:  Nothing in the Missing Video Would Have Helped You!

E-Discovery LLC

The Court denied an implied request for spoliation sanctions, writing: “Without evidence before it that there was a video, the Court declines to speculate that one existed.” The Court determined that there was a mere scintilla of evidence supporting causation due to a roof leak. In this blog, I suggest a different analysis.

Evidence 130
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What Should Be Included in an Intake Form?

Lawmatics

Information about the at-fault party's insurance (if known) Damages: Property damage incurred in the accident Lost wages or income due to inability to work Other financial losses incurred (e.g., The more details that are requested on an intake form, the better a lawyer can qualify a lead before setting an appointment.

Witnesses 130
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Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

Arch Insurance Company is a recent decision focused mostly on issues and challenges related to preservation of Electronically Stored Information (ESI) in a large enterprise. In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim.

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Client Intake Form

Lawmatics

A well-constructed intake form includes fields for a client’s basic information, such as full name, address, and other contact details. For criminal defense matters, the intake form may request information about the charges, arrest details, interactions with law enforcement, prior criminal history, and potential witnesses or evidence.

Witnesses 100
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The Deliberative Process or Executive Privilege

E-Discovery LLC

Under that construct, routinely generated documents, such as internal affairs investigations, would not be protected. The assertion of privilege must “overcome the fundamental importance of a law meant to insure each citizen from unconstitutional state action.” citation omitted). citation omitted). United States v. Nixon, 418 U.S.

Discovery 130
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Tithing Troubles: Ex-Mormon's Lawsuit Raises Questions About Church Finances and First Amendment Rights

Law and Daily Life

He oversaw significant growth in Church membership and the construction of numerous temples worldwide. Specifically, Nielsen claimed that the Church spent tithing funds on the development of the City Creek Mall and to bail out the Beneficial Life Insurance Company. The district court granted summary judgment in favor of the Church.