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Technological e-Discovery Advancements In 2004
Electronic discovery ' the collection, review and production of e-mail and other electronically stored documents ' has dramatically changed the way lawyers handle document discovery. Law firms and their corporate clients, saddled with volumes of electronically stored information, have demanded the best technological solutions for collecting, retrieving and managing mountains of electronic evidence. As technology continues to evolve, e-discovery solutions continue to progress. This article summarizes 2004's most notable technology developments in the e-discovery arena.
Native File Review
Native file review and production was one of the hottest e-discovery topics over the last year. A native file is an electronic document in the original file format in which it was created ' complete with metadata, embedded data and formulas and other salient elements. Reviewing raw native files (ie, reviewing native files on a CD-ROM or hard drive using their native applications) allows the litigation team to see the document as it appeared when it was originally created. For instance, a native Microsoft Word file is a file that was created and saved in the “.doc” format. The “.doc” file extension, found at the end of the file name, tells the computer that the document is in Word format. The document can only be opened, viewed or modified in Word or a program that will convert the file into a readable format (eg, another word-processing program that understands Microsoft Word files).
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.