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Getting More Data For Less
Businesses often operate like pack rats, hanging onto every piece of paper that was ever generated during their long histories. Year after year, the boxes continue to pile up, with the tacit understanding among partners, principals and employees that it's better to keep everything than lose something that will be needed down the road.
As we move farther into the Electronic Age, the principle continues to apply: The more you keep, the less you risk. And with a plentiful supply of inexpensive storage options and increasing compliance demands resulting from legislation like Securities and Exchange Commission (SEC) requirements, HIPAA and Sarbanes-Oxley, electronic data is being stored at an increasing rate.
It is quickly becoming apparent, however, that as companies continue to retain tremendous amounts of information, few have the ability to properly manage this data and provide access to it when it is needed. For attorneys in particular, this presents a challenge, because even the most compelling evidence is meaningless if it isn't readily accessible. While most organizations believe they can quickly access their data, they often find at a particularly inconvenient ' and potentially expensive ' time that this is not the case. Failure to be responsive to requests for data can lead to fines, economic sanctions and litigation, and this, in part, has helped to fuel the growth of electronic data discovery (EDD) in the legal profession.
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.
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.
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.