...for compliance with federal mandates and acts including The Sarbanes-Oxley Act, Health Insurance Portability and Accountability Act (HIPPA), The Fair Credit and Accurate Transaction Act (FACTA), Gramm-Leach-Bliley (GLB) and other federal, state and local mandates. EFFECTIVE DATE This Policy is effective as of January 20, 2016, (the “Effective Date”) and applies to all documents created after the Effective Date. However, to the extent possible, the Policy will be applied to all documents regardless of creation date. LEGAL HOLD A legal hold suspends all document destruction and supersedes all procedures under this Policy. The purpose of a legal hold is to preserve and protect appropriate records under special circumstances, such as litigation, or when litigation is reasonably anticipated, or a government investigation. All employees and Board members will be notified by the President of the Premier College or his or her designee when a legal hold is required, and...
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...Record Keeping has been around for a long time now. Depending on the laws that governed us, we are requiring to maintain records. A good document retention policy could last up to seven years. A litigation hold is basically keeping all records pertaining to the case, or until the case is over. Depending on the records at hand, state and federal laws require organizations to maintain records. During litigation hold notice a good checklist to follow, is a good idea. A document retention policy basically establishes a policy that keeps records of documents and files for a certain amount of period, so that a court can examine a business practices over a time period. Courts and juries don’t have little tolerance for organizations that don’t maintain their records. They often give penalized corporations for keeping their records, by handing out big fines. A document retention policy is established after a litigation hold is given to an organization. Depending on the litigation hold certain documents must be maintain in order to prevent penalties. So if the litigation hold is pertaining to a HIPPA violation at a college, the college must maintain all records to include, emails, documents, faculty involvements, telephone conversations, backup tapes, hard drives, flash drives and etc. The policy has to be clear and understanding to faculty. The files must be in preserved in original format, and cannot be altered at any time. The Sarbanes-Oxley Act of 2002 was passed through the senate...
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...Litigation Hold Notice To: Employees of Premier College, Who May Have Relevant Information From: Department of Education Premier College Chief Information Officer Re: Litigation Hold Preservation of Relevant Information: Paper Documents and Electronically Stored Information Date: August 20, 2014 We are currently involved in a dispute involving state-specific testing and compliance procedures. The state of Florida alleges, among other things, that Premier College violated state-specific testing and compliance procedures. This is a putative class action that we intend to vigorously defend. During the course of litigation, it is important that Premier College is able to make its paper files and electronically stored information available to our own lawyers and, if discovery requests are issued to us, available to the lawyers representing the other parties in the case. It is crucial that you take affirmative steps to preserve both paper documents and electronically stored information that are relevant to this dispute and that are in your custody or control. The failure to preserve these materials could be detrimental to our position in the litigation. We request that you preserve paper records and electronically stored information, including voicemail, email, electronic calendars, financial spreadsheets, Word documents, and other information created and/or stored on your computer, relating to students of Premier College. The above list is intended to give examples of the types...
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...Premier Collage | Document Retention Policy | Litigation Hold Notice | | | 8/26/2113 | Table of Contents 1.0 POLICY STATEMENT ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐---‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4 2.0 PURPOSE ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4 3.0 APPLICABILITY ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐--‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5 4.0 DEFINITIONS ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5 1. Official Records Retention and Disposition Schedules ------------------------------------------------------------- 5 2. File Breaking ------------------------------------------------------------------------------------------------------------------- 5 3. Litigation Hold -----------------------------------------------------------------------------------------------------------------6 4. File Integrity ------------------------------------------------------------------------------------------------------------------- 6 5. File Maintenance ------------------------------------------------------------------------------------------------------------- 6 6. Personally Identifiable Information ------------------------------------------------------------------------------------- 6 7. Confidential Information ----------------------------------...
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...Securities Litigation Group First Amended Version enacted April 13, 2010 by assent of the General Board of the Corporate and Securities Litigation Group. |VA TÇwÜxã eÉç |WtÑ{Çx WâÑÄxáá|á |mtv{tÜç e|utv~ |UÜ|ààtÇ| etâÄxÜáÉÇ | |President |Vice-President |Treasurer |Secretary | |^tà{ÜçÇ `tàtÜxáx |]Éçvx UA eÉwÜ|zâxé |V{Ü|áàÉÑ{xÜ `tÜÉààt | |Intermural Chair |Intramural Chair, |Journal Co-Chair | | |Journal Co-Chair | | University of Florida Fredric G. Levin College of Law ARTICLE I Name of Organization The name of this organization is the “Corporate and Securities Litigation Group” and is also referred to as “CSLG.” ARTICLE II Purpose of CSLG The primary purpose of this organization is to assemble together, educate and involve University of Florida Law students in one of the most lucrative and intricate areas of law, corporate and securities litigation. In order...
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...Civil litigation is defined as a legal dispute between two or more parties that seek monetary damages or specific performance rather than criminal sanctions. In my eyes the cases are more diverse than, for instance, real estate law or family law. I would prefer to work on the defense side, protecting the rights and property of those from whom damages are sought. The plaintiffs' side only gets paid if the case wins or settles, and sometimes that isn't the case. The defense is always "running an open tab" on their clients. Everything an attorney or paralegal does throughout the day pertaining to a case can be billable time. Billable time is counted in tenths of an hour incriminates. Litigation defense can be stressful, fast paced, and conflict...
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...Yogesfary Thirumoorthy (ZP01520) Question 1 Definition of Litigation: A civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's actions, seeks a legal or equitable remedy. Definition of Mediation: A facilitative process for resolving disputes quickly and cheaply. Mediation aims to regulate the procedures and principles for resolving conflicts without recourse to courts; the goal is to arrive at a solution simply and easily Contrasting principles between litigation and mediation as per below table and will be explained in details as stated in Alternative Dispute Resolution in Industrial Disputes by Kamal Halili Hassan [2006] 5 MLJ xiii. NO | Litigation | Mediation | 1 | Interests accommodation | Rights enforcement | 2 | Value claiming | Value creating | 3 | Coercive & Binding | Voluntary & consensual | 4 | Due process of law | Procedural flexibility | 5 | Privity of involvement | Widely participatory | 6 | Formality | In formality | 7 | Norm imposing | Norm creating | 8 | Consistency and precedetial | Situation & Individualized | 9 | Act-centered | Person-centred | 10 | Fact-oriented | Relationship-oriented | 11 | Past focus | Future focus | 12 | Professionalised | Peer-based | 13 | Public & accountability | Private & Confidential | 14 | Adversarial | Collaborative | 1. Interest accommodation & Rights enforcement Mediation process has limited right of appeal...
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...Position Paper Scott Computers: 1. Introduction: Our company cott Computers Inc. is a very large company , S engaged in the manufacturing, selling and leasing of computers and associated software. We are involved in a dispute with Rapid Printing, comparatively small but highly regarded printing company. 2. Dispute: Our company is involved in a lawsuit filed by Rapid Printing Company seeking $5,000,000. In response to Rapid Printing’s response to hold a meeting, June Robinson from our company had met Dee Williams from Rapid Printing. In course of many meetings, it was brought to our notice that they would need an application program. We told them that they could rent our application program from $1,750. Williams doubted if the application program we suggested could be enough user friendly. They said that they didn’t want to wait for an advanced version of our program and that they are developing something inhouse. Hence in the contract in which we provided hardware and software to Rapid Printing, we didn’t put any reference to an application program. When we installed the hardware at Rapid Printing we realized that they did not have an in house application software and that is when the dispute started. The question was whose responsibility was it to provide an application software, 3. Issues Involved: e never offered our application software in the contract as W they didn’t want to take it since they were developing something inhouse...
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...European Union Public Licence V. 1.1 EUPL © the European Community 2007 This European Union Public Licence (the “EUPL”) applies to the Work or Software (as defined below) which is provided under the terms of this Licence. Any use of the Work, other than as authorised under this Licence is prohibited (to the extent such use is covered by a right of the copyright holder of the Work). The Original Work is provided under the terms of this Licence when the Licensor (as defined below) has placed the following notice immediately following the copyright notice for the Original Work: Licensed under the EUPL V.1.1 or has expressed by any other mean his willingness to license under the EUPL. 1. Definitions In this Licence, the following terms have the following meaning: - The Licence: this Licence. - The Original Work or the Software: the software distributed and/or communicated by the Licensor under this Licence, available as Source Code and also as Executable Code as the case may be. - Derivative Works: the works or software that could be created by the Licensee, based upon the Original Work or modifications thereof. This Licence does not define the extent of modification or dependence on the Original Work required in order to classify a work as a Derivative Work; this extent is determined by copyright law applicable in the country mentioned in Article 15. - The Work: the Original Work and/or its Derivative Works. - The Source Code: the human-readable form...
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...Civil Rights Act of 1964 | The landmark legislation in the US that holds against discrimination against racial, ethnic, national, and religious minorities. | Heart of Atlanta Motel v. United States (1964) is a US case law the US Congress has power to use the Constitution’s Commerce Clause to force businesses to follow the Civil Rights Act of 1964. | This law ends the unequal application of racial segregation in the workplaces or public facilities. | Because the US Supreme Court ruled Congress did not have the power to prohibit discrimination in private facilities or workplaces, it holds businesses must allow customer business from all races. | Equal Employment Opportunity Act | It ensures the fair treatment without regard to race, religion, color, national origin, or gender. | In Trans World Airlines v. Thurston (1985), the court holds that airlines must give the same opportunity to retiring pilots as it had given to younger disabled pilots. | This law is to ensure discrimination in employment is illegal. | All employees and applicants for employment are covered under this legislation. This law is to eliminate discrimination practices in workplace. | Equal Pay Act | It ensures that everyone has the same amount of payment of wages by employers. | Schultz v. Wheaton Glass Company (1970) is one of the important cases that help the US define the limitation of equal pay for men and women while the court holds that a job title with less pay regarding an employee’s gender is discriminating...
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...causes) are not only expensive, but require at least a year to reach some resolution. The parties in civil disputes opting more and more frequently, to resolve their disputes privately in order to avoid the rigors, costs, and time of litigation. In foundation, according to the form of dispute resolution chosen by the parties, alternative dispute resolution is similar to a private court. The parties typically agree to divide the costs of arbitration or mediation in the hope of resolving their dispute economically and in less time than last formal judicial process. Normally, when the parties can not reach a settlement of their dispute without a trial, a party engages in litigation. This part and incurs costs of $ 190.00, what it costs to bring an action in Superior Court in Pima County. Then the plaintiff must notify the opposing party notice of trial, also adding a $ 25 minimum to the amount already spent on presenting the action. So far we assumed that the notification to the opposing party is easy and only a defendant's resident state. If more than one defendant, or if there is a problem to notify a defendant, the costs increase accordingly. This is without counting the costs and fees incurred by both parties through the preparation and litigation of the dispute. As a result, private parties and opt to split the costs of some kind of dispute resolution because, ultimately, it comes out cheaper. On the basis the parties can choose between two types of alternative dispute resolution:...
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...have grown in the past few years as a result of the globalization of the world’s economy, and as a result of companies and organizations trying to become more productive at a lower cost. Most cases over the last few years have focused on the performance management process, and its ability to withstand legal scrutiny. Organization’s performance management systems are viewed as a test by the court system, and as they are used to make staffing decisions, merit decisions, and separation decisions, the systems themselves must be designed to minimize the chances of discrimination. In the present paper, the elements of the performance management system are examined as a foundation to help recognize the aspects of the process that are subject to litigations, and to help reduce problems that could result in legal disputes. In the Manager’s Guide to HR (Muller, 2009), the legal issues involved in the performance management process can be minimized by the proper planning, design, understanding, and actions involved in a well-designed process. “Proper preparation and structuring of a performance evaluation can transform it from a confrontation into a worthwhile collaboration between you, the employer, and the employee.” (Muller, 2009) The starting point of a legally sound performance management system begins with the job description itself. From a view point that most people want to do a good job, the expectation from any organization to its employee is to tell them what a good job is. While...
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...RULE 138 Attorneys and Admission to Bar Section 1. Who may practice law. — Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. Section 2. Requirements for all applicants for admission to the bar. — Every applicant for admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years of age, of good moral character, and resident of the Philippines; and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines. Section 3. Requirements for lawyers who are citizens of the United States of America. — Citizens of the United States of America who, before July 4, 1946, were duly licensed members of the Philippine Bar, in active practice in the courts of the Philippines and in good and regular standing as such may, upon satisfactory proof of those facts before the Supreme Court, be allowed to continue such practice after taking the following oath of office: I . . . . . . . . . . . . . . . . . . . . . . . . . . ., having been permitted to continue in the practice of law in the Philippines, do solemnly swear that I recognize the supreme authority of the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal...
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...Texas State Supplement to Accompany Civil Litigation 7E Peggy N. Kerley Joanne Banker Hames, J.D. Paul A. Sukys, J.D., Ph.D. Prepared by Peggy N. Kerley Updated in 2013 by Jennifer Carpenter Australia • Brazil • Mexico • Singapore • United Kingdom • United States i © 2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. ii PART I Introduction to Civil Litigation Contents Introduction ............................................................................................................................................iv PART I INTRODUCTION TO CIVIL LITIGATION CHAPTER 1 CHAPTER 2 Litigation and the Paralegal..................................................................................................................1 The Courts and Jurisdiction .................................................................................................................2 PART II INITIATING LITIGATION CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 6 CHAPTER 7 Preliminary Considerations and Procedures.......................................................................................9 Investigation and Evidence .................................................................................................................10 The Complaint...............................................................................................................................
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...L I T I G AT I O N A N D A D R LITIGATION ARBITRATION Stock byte/G etty Im ages What Parties Might Be Giving Up and Gaining When Deciding Not to Litigate: A Comparison of Litigation, Arbitration and Mediation 48 MAY/JULY 2008 TION MEDIA Deciding whether to litigate, arbitrate, or mediate requires an understanding of three dispute resolution processes. The authors begin with the major characteristics of litigation, and then discuss whether these characteristics are present in arbitration and mediation, and if not, how these processes differ. By Donald L. Carper and John B. LaRocco The authors teach at the College of Business Administration, California State University, in Sacramento, where Donald L. Carper is a professor emeritus of legal studies in business and conflict management, and John B. LaRocco is a professor of law. Prof. Carper is also an arbitrator and mediator and Prof. LaRocco is a labor arbitrator, mediator and fact finder. He serves on the American Arbitration Association’s labor panel. hy one might choose to use an alternative dispute resolution (ADR) process to resolve a legal problem is an interesting question, but it is not the focus of this article. Instead, it focuses on the fundamental attributes of litigation and explores whether these attributes are present in private arbitration and mediation. The purpose is to help people make an informed decision about the process they wish to use to resolve their dispute. This comparison also...
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