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…
DetailsThe 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…
DetailsHow Do I Know Whether to Settle or Continue Litigation?
January 16, 2019While courtroom drama may make for great TV, a vast majority of civil lawsuits — around 97% — are settled before they ever go to trial. With such a skewed statistic, there must be some benefit to settling rather than taking a case all the way through a civil trial. So how do you know […]…
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