There is perhaps no more powerful human instinct than self-preservation. From avoiding fires, outrunning wild animals, hunkering down in caves, or just blaming a less-tenured coworker for a bad idea you had, our ability to escape danger has led our species to planetary dominance.
The $100 million “Hermès” Registered Email™ Message (& CLE Webinar That Tells More) What a deal! My favorite functional yachting sportswear at 70% off! Or so I thought. Nearly every successful product brand is facing a strange new competitor — their own “fake” self. Let me explain how this plays out.
Consider in Zubulake v. UBS Warburg, a case focused on the duties of in-house and outside counsel related to litigation holds and document retention policies. Although UBS Warburg claimed to have issued and reissued litigation holds, the court concluded that “a party cannot reasonably be trusted to receive a litigation hold instruction once and to […]
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