The conventional wisdom among many business owners is that arbitration is more efficient than litigation, and that mandatory arbitration clauses should be included wherever possible. Like most generalizations, however, the truth is not so simple.
So much has been written about the duty to preserve electronic evidence that there is little room left for original scholarship. Simply stated, the duty arises when litigation is reasonably anticipated. Compliance can be shockingly expensive, yet counsel and litigants who fall short of the court’s expectations could pay a...
Any retail business with a high volume of customer contacts (e.g. concert halls and department stores) struggles to meet customer safety and loss-prevention objectives without imposing security that is so intrusive that it harms the customer experience.