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Voice Mail In Discovery
The use of voice mail as a business tool has grown dramatically in recent years, and the development of digital recording and storage technology likely will make such records as permanent and accessible as e-mail. So, it's logical to believe that digital voice mail may be the next battlefront in the e-discovery wars.
The Federal Rules of Civil Procedure have long recognized that “data compilations,” including data in electronic form, are discoverable. See, Fed R. Civ. P. 34 (defining “documents” subject to discovery); see, Id., Advisory Committee Notes (1970). Since the amendment of the federal rules in 1970, courts have allowed discovery of electronic communications and computer-stored documents. According to that broad definition, voice mail is potentially discoverable.
The question then arises whether voice mail must be preserved. One common approach to preserving e-mail records is to identify likely accounts where relevant e-mail might reside, make copies of those accounts and then review the preserved records for relevance and privilege. Applying such a process to voice mail would be harder in several ways.
Major Differences In UK, U.S. Copyright Laws
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
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.
Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
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.