Hockey-Stick Effect

...period, which cumulatively gives rise to the hockey stick effect. Second, used to describe the tendency of sales of certain products to rise rapidly with seasonal demand (e.g., Bar-B-Q’s, Christmas ornaments.) Third, a discredited term used during the dot-com era...

Preferences

...moral, personal, or otherwise. To solve this problem, bankruptcy statutes usually provide that payments made within a certain period before a party files for bankruptcy be “clawed back” by the bankrupt and then redistributed to creditors equitably, (e.g., if you...

Due Diligence

...files, contracts, licenses, intellectual property, deeds, and other papers and property of a business being acquired to determine if there are any undisclosed liabilities, losses, or risks. A certain amount of cynicism exists about the due diligence process, since it...

Double Patenting

A situation that arises where a patent applicant files two patents whose claims would cover the same invention. This particularly can occur with Continuations-in-Part and in the U.S. is usually resolved by filing a Terminal Disclaimer giving up any excess...

Sandbagging

...converted into printed, i.e., non-data format or “locked” image files, thus rendering editing, search and/or response difficult. In due diligence it may give rise to questions about whther the producing party is participating in good faith in the underlying review....

Automatic Stay

Under US bankruptcy law a stay of proceedings by creditors goes automatically into effect against any defendant if that defendant files for bankruptcy. There are a large numbers of exceptions to the automatic stay, and creditors can make an application...

Legacy Data

Data-files created with legacy software....

Vexatious Litigant Order

...or short imprisonment if he or she files a suit without first stating his or her intent to do so to a court officer who will evaluate the case to determine if it is “vexatious.” Vexatious litigant orders are rare...

Litigation Hold

...avoid these consequences a ‘litigation hold’ should be placed in effect suspending the destruction of potentially relevant records including e-mails and computer files that otherwise would be routinely disposed of in the ordinary course of business under whatever document and...

Bigot List

...a failure to include support personnel such a secretaries, clerks, etc. who may be able to surmise what certain activities suggest, or may indeed in the course of their duties have access to individual bigot’s diaries, email, files and correspondence....