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Crosstex Energy amended their LLP Agreement in order to restate a number of sections from the original limited liability partnership agreement including terms for uncertified securities. Snapple Beverage Corporation drafted an LLP Agreement with Nantuket Allserve Inc. in order to form the limited liability partnership Mott’s LLP. Both of these LLP Agreements are available in their entirety on the RealDealDocs.com website.

Click here for an article from the New York Law Journal on the use of “slipshod search terms” to retrieve electronically stored information. In a case decided March 19, 2009, William A. Gross Construction Associates v. American Manufacturers Mutual Insurance Company, U.S. Magistrate Judge Andrew J. Peck of the Southern District of New York “issued a self-styled ‘wake-up call’ to members of the bar in the Southern District. Instead of attorneys designing keywords without adequate information ‘by the seat of their pants,’ Peck appealed for keyword formulations based on careful thought, quality control, testing and cooperation.” The article goes into the terms that the parties used to search through email, which proved to be unhelpful; the judge was “therefore placed in the ‘uncomfortable position’ of having to construct a search term methodology without sufficient input from the parties or the relevant custodian.” Peck complained that the case was “‘just the latest example of lawyers designing keyword searches in the dark,’” without adequate consultation with the custodian of the information. He urged “in a footnote that what is required is more than a lawyer’s guesses, without any quality control testing to ensure the search results are minimally overinclusive or underinclusive for responsive e-mails. Accordingly, care should be taken from the outset of disclosure to ensure proper selection and execution of a search methodology. Without appropriate care, a court cannot be confident that the producing party has disclosed all the required responsive material.” The article concludes with the following observation: “Ironically, lawyers well-acquainted with computers may be more susceptible to thinking that keywords viable for a Google search should also suffice for ESI production. Peck has sounded the alarm that such haphazard searches will not pass muster any longer.”

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The Gold Resource Corporation LLC Subscription Agreement with Hochshild Mining Holdings Limited sets the terms for an almost $13 million dollar common stock purchase. The EFT Biotech Holdings LLC Subscription Agreement details a similar transaction regarding 10 million shares of the company’s common stock. Both of these LLC Subscription Agreements are available in their entirety on the RealDealDocs.com website.

La Grange Acquisition drafted a litigation cooperation agreement with AEP Energy Services Gas Holding Company following various disputes concerning the rights over cushion gas, an essential component in a previous purchase and sale agreement. The execution copy of this litigation cooperation agreement is available in its entirety on the RealDealDocs.com website.

Click here for an entertaining blog entry at the Fiction Circus from Miracle Jones who interviews Prof. Grimmelman at New York Law about the Google Books Project. The interview covers wide ranging issues including orphan books & a proposed rights auction (proposed by Fiction Circus, that is). Read it and see! Read the rest of this entry »

PowerPoint - can’t live with it, can’t live without it. So how best to make the most of PowerPoint? On this edition of the Kennedy-Mighell Report, legal bloggers, Dennis Kennedy and Tom Mighell take a look at the personal evolution of use of PowerPoint and offer their best ideas and tips for using PowerPoint. Dennis and Tom will also take audience questions from the mailbag and wrap up with Parting Shots, leaving you with lasting tips and observations. After you listen, be sure to check out Tom & Dennis co-blog and book by the same name, The Lawyers Guide to Collaboration.

Over here at RealDealDocs we are doing a spring cleaning of sorts. In addition to the continuous upload of agreements and contracts to our database, we are showing some special interest in one of our most researched categories: Employment Agreements. We have spoke on employment agreements many times around here, but just in case you [...]

Steve Matthews in his SLAW post, Lawyer Twitter Practices: 29 Dos and Don’ts, lays out the How To for using Twitter to build a law firm practice. Steve does not want to call them “best practices,” but offers pointers based on his own experiences of what works and does not work. Read the rest of this entry »

Conrad J. Jacoby’s focus for this column is smaller legal disputes that may involve electronic evidence, including divorce proceedings and child custody matters, as well as criminal cases, all of which may require review of cell phone call records, SMS and e-mail exchanges.

I had been following the Pirate Bay story for a while. My son had clued me in, and made their story rather entertaining. This Swedish file sharing site was quite in-your-face about their battle with the copy-right police. They have a pirate ship as their logo, and of course, their name flaunts the piracy theme as well. When they received letters from copyright holders’ attorneys ordering them to remove files from the site, they would post the letter to their site, along with their smart-ass replies, often instructing the attorney to perform painful sexual acts upon him- or herself. They had been taken to court a number of times, and always won. When they won a suit brought by Hollywood movie-makers and RIAA, Pirate Bay changed their logo temporarily to show the pirate ship shooting cannon balls at the Hollywood sign. This was a colorful bunch of Swedes!

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