An action taken to cure or fix a legal defect. For example, under the Code of Federal Regulations (25 CFR 150.7 - Curative action to correct title defects) which deals with real estate law. The Land Titles and Records Office can initiate an action to "cure" or fix defects in the record which are discovered during the recording of title documents or examination of titles. See … [Read more...]
ZUBULAKE FACTORS
The Zubulake Factors are used by a court to determine whether cost shifting is appropriate to shift the burden of costs of compliance with an electronic discovery request from the receiving party to the requesting party. (See Federal Rule 26(b)(2) more specifically.) The factors are the product of a series of decisions in Zubulake v. UBS Warburg LLC, 216 F.R.D. 280 (S.D.N.Y. … [Read more...]
FEE SHIFTING
Shifting fees to be paid by one party to another party. Typically it refers to the action of a court awarding legal costs associated with something from one party to another. For example, a court may award legal costs of the successful party to a lawsuit upon the losing party to the lawsuit (so that the losing party must pay both its own legal costs as well as the attorneys' … [Read more...]
COST SHIFTING
When a court imposes or shifts the costs associated with legal compliance from one party to another. A good example of cost shifting occurs with electronic evidence and electronic discovery compliance. The general presumption under the Federal Rules of Civil Procedure is that the party responding to a request for electronic discovery will bear the costs of compliance with the … [Read more...]
CYBERSTALKING
Cyberstalking is the use of electronic or online communications technology to stalk, harass or intimidate another person or party. Most frequently it is used in reference to activities on the Internet or via mobile telecommunications networks. Cyberstalking activities may include threats or may just constitute monitoring of another without their knowledge and consent. It may … [Read more...]