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Showing 17–19 of 19 results
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Burden vs. benefit – Court weighs in on inaccessible ESI
May / June 2010
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 870
Abstract: Attorneys increasingly face discovery requests for massive amounts of electronically stored information (ESI). Litigation parties generally aren’t required to produce ESI that isn’t “reasonably accessible,” but courts can nonetheless order production on a showing of good cause by the requesting party. When a defendant in one case complained that meeting the plaintiff’s request for archived e-mails would involve poring over 2,500 tapes at a cost of $1.5 million, the court relied on a Federal Rule of Civil Procedure to determine whether the plaintiff had good cause to order discovery. A sidebar discusses this court’s order regarding the discoverability of attorneys’ litigation hold letters.
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Subcontractor focus – Miller Act time limits may affect payment contingency
January / February 2008
Newsletter: Construction Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 870
Abstract: In the hope of shifting away some of the risk of a government’s refusal to pay general contractors on public projects often insert so-called “pay when paid” clauses in their subcontracts. Recent federal court decisions based on the Miller Act, however, limit a payment bond surety’s ability to use “pay when paid” clauses. This article examines one example of these limitations in a recent West Virginia case, and a sidebar looks at a similar decision.
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Seal your exit strategy with an ESOP
January / February 2008
Newsletter: Tax Impact
Price: $225.00, Subscriber Price: $157.50
Word count: 870
Abstract: Many successful business owners have a substantial portion of their net worths tied up in their companies. Even if one plans to stay actively involved in a company for many years, it’s important to have an exit strategy that addresses when to convert business interests into cash for investment diversification purposes. Designing an exit strategy can be challenging — especially if a business is closely held or the company’s stock is thinly traded. How can a business owner cash out without selling the company to an outsider or giving up control? This article suggests one way: Implement an Employee Stock Ownership Plan (ESOP), which creates a market for stock and offers tax savings and other benefits to the company as well as its owners and employees.