What is a Constructive Trust?
February 11, 2019A constructive trust differs from a typical estate trust, where a person establishes a trust to hold assets for themselves or other beneficiaries. Instead, a constructive trust is created by the court as an equitable remedy in circumstances when the legal title to property has been obtained through fraud or other w…
DetailsWhat is the Doctrine of Promissory Estoppel?
February 8, 2019Be careful what you promise, because your promise could be legally binding. That, in a nutshell, is the legal principle known as promissory estoppel. While consideration is an important element of an enforceable contract, the doctrine of promissory estoppel is an exception to this rule because the promise is legall…
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The Duty to Preserve Electronically Stored Information (ESI) & When It Arises
February 4, 2019If you are a party to any type of litigation, you have a duty under both federal and state regulations to preserve electronically stored information (ESI) as part of the discovery process. Basically, ESI is any information that has been generated and stored electronically. Under Rule 34 of the Federal Rules of Civi…
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