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It would seem these days that, with the proper technology, a case could go from start to finish without ever generating a piece of paper. What little paper exists is scanned in, annotated, organized, searched, retrieved and stored electronically, along with e-mail, word processing documents, spreadsheets, and all other digital data. Trial preparation includes EDD, online depositions, and real-time transcription. Briefs, motions, filings, and documents are all delivered electronically. Timelines and evidence are generated graphically, shown to jurors simultaneously on plasma monitors and a 6-foot screen. Documents are displayed the same way, with a skilled attorney or paralegal annotating, highlighting, and emphasizing on-screen. Witnesses are called in from all over the globe, testifying over live satellite links. CGI enhanced recreations of events educate and enliven jurors. No attorney would dare be seen lugging boxes of documents into a courtroom. But is this reality or still just a technology dream (or nightmare)?
In June 2004, the American Bar Association's Legal Technology Resource Center completed its annual technology survey, published in five parts. The Litigation and Courtroom Technology volume serves as a sobering background for those who crave a total technology trial. Firms are slowly embracing litigation technology, but there is still a long road to follow before the technology is ubiquitous. Courtrooms have yet to provide much technology in the way of hardware or software, citing expenses and implementation as key barriers. Many lawyers are hesitant to spend thousands, much less hundreds of thousands, of dollars on sophisticated hardware and software. So what are the courts and attorneys embracing, and what are they putting off for another day?
Electronic Filing
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?