Recent Blog Entries

Friendly Reminder about Bankruptcy Rule 9037...

Now that December 1 has come and gone, and another set of amendments of the Federal Rules of Civil Procedure has become effective, time for a belated reminder that Bankruptcy Rule 9037 has been adopted. For those of you who, like me, have been too busy filing amended pleadings to replace outdated Official Forms and creating notice pleadings for small business case financial disclosures, it is time to turn your attention to 9037.

The Mitchell Report: Moral Bankruptcy and MLB

To my surprise, the release of the Mitchell report is clearly pulling readers away from this site. Here is the link to the report.

Trustee "Smart Form" May Become Data-Miner's Smart Bomb

I have been sitting on this one a while, but when ALM and ABI picked up the story, decided it was worth a few electrons in this forum.

Forget Sub-Prime: The Real Action in E-Bankruptcy may be the Struggling Adult Industry

A recent article in Conde' Nast Portfolio.com, written by Claire Hoffman details the financial struggles of the heavy-hitters in the adult industry, such as Vivid Entertainment, as a result of the growing phenomenon of free Internet pornography.

Trouble at E-Trade Proves that Sub-Prime Woes Rankle E-Paradise

Recent conjecture that E-Trade may be forced to file bankruptcy as a result of the continuing sub-prime mortgage fiasco shows that even "e-commerce" is vulnerable to exposure. Outside of foreclosures and shocking re-adjustment of ARM's, this may be the first evidence of direct impact on individuals.

Hawaiian Airlines Bankruptcy: Issuing a "Litigation Hold" May not be Enough when Rogue Employee Destroys ESI

Mesa Air Group, a party in bankruptcy litigation with debtor Hawaiian Airlines (HA), got an ugly pre-Halloween surprise from the bankruptcy court hearing the case. According to the the recent opinion in Adv. Proc No 06-90026, and currently being reported as 2007 Bankr. LEXIS 3679, a single, highly placed employee within Mesa Air set about to wipe ESI from several hard drives. In one instance, the destruction took place immediately after a hearing wherein the judge questioned the credibility of the employee.

State Bar of Texas Displays Technological Dominance Through Recently Announced YouTube Contest

My friend John Sirman and his cohorts at the State Bar of Texas continue to amaze me. Earlier this year, the Texas Bar was the first bar organization in the country to offer its own on-line social network, known as Affinity Circles. This has already been a great tool for me to increase readership of this blog, to locate local counsel in other areas, re-connect with old friends, and develop new relationships.

Fulbright Litigation Survey Highlights E-Discovery Issues

Our Biglaw friends at Fulbright & Jaworski have released their 4th annual Litigation Trends Survey (available here) which on its own is something of an interesting read. The more interesting tidbits relate, of course, to the respondents' views on E-Discovery.