Adverse Inference Instruction for Failure to Preserve Text Messages

There are plenty of cases in which courts provided sanctions for a failure to preserve and produce relevant electronically-stored information (ESI).  But there are practically no such cases involving text messages.  As texting becomes more prevalent and important, this area will continue to evolve.  However, as a general proposition, there is usually not much relevant data …

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Social Security goes paperless…saves a bunch of trees and a ton of dough.

The Social Security program is undergoing several changes in 2011.  One seemingly benign change is that new recipients will be required to utilize direct deposit or have their payments loaded onto a prepaid Debit MasterCard (existing retirees have until March 2013 to make the switch).  No more paper checks…a fact which will put a smile …

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Foreclosure Court Ruling has National Importance

In two recent separate cases, Massachusetts’ highest court voided the seizure of two homes by Wells Fargo and US Bancorp.  The banks failed to show necessary documentation that they held the mortgages at the time they foreclosed.  This is the first such decision in the country.   Although the decision only directly affects Massachusetts, Massachusetts has …

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Steve Jobs’ Key Man Discount

The message boards are abuzz with the news of Steve Jobs’ (possibly) temporary medical leave of absence from Apple.  The obvious question is the impact of this news on Apple’s valuation.  For most large public companies with deep management, this is not an issue.  Relatively speaking, a single person’s importance usually affects only smaller companies, …

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Apple’s Rollercoaster Two Days

Photo by Troy McClure

In the span of just a couple of days Apple both announced another quarter of expectation-busting record profits and the fact that Steve Jobs would be taking another medical leave of absence.  Compared to his two prior medical leaves of absence this one ominously did not contain an expected duration.   Lets start with the upbeat …

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Permanent link to this article: http://betweenthenumbers.net/2011/01/apples-rollercoaster-two-days/

Apple's Rollercoaster Two Days

In the span of just a couple of days Apple both announced another quarter of expectation-busting record profits and the fact that Steve Jobs would be taking another medical leave of absence.  Compared to his two prior medical leaves of absence this one ominously did not contain an expected duration.   Lets start with the upbeat …

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Permanent link to this article: http://betweenthenumbers.net/2011/01/apples-rollercoaster-two-days-2/

Obama’s regulation review is probably a non-event

To much fanfare yesterday, President Obama announced an executive order regarding his new pro-business approach.  No doubt, the President is aware of the generally tepid support he has been receiving from the business community.  This should not be shocking to the President (or anyone else), since his administration has been responsible for massive new laws …

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What Tax is “Fair”?

photo by David Reber, Hammer Photography

Many national governments are funded through a combination of income and broad based consumption taxes, usually in the form of a Value-Added-Tax (VAT).  In the United States, consumption taxes (in the form of sales taxes) have been left to the states, while the federal government relies on a combination of income taxes, payroll taxes, excise taxes, …

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Permanent link to this article: http://betweenthenumbers.net/2011/01/new-site-feature-the-question/

What Tax is "Fair"?

Many national governments are funded through a combination of income and broad based consumption taxes, usually in the form of a Value-Added-Tax (VAT).  In the United States, consumption taxes (in the form of sales taxes) have been left to the states, while the federal government relies on a combination of income taxes, payroll taxes, excise taxes, …

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Permanent link to this article: http://betweenthenumbers.net/2011/01/new-site-feature-the-question-2/

Three States Act as Guinea Pigs for Other States in Fiscal Turmoil

As the federal deficit has grown to unsustainable levels, it has received an increasingly more media attention.   Less attention has been paid to similar large problems the states face.  However, almost every state (46 to be exact) struggled to close budget shortfalls for the current fiscal year (which begins July 1, 2010 in most states).   …

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