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Depositions: The Impact Of Electronic Discovery
These are exciting times in the legal technology realm. Advanced electronic-discovery software can revolutionize depositions. For the first time, attorneys taking a deposition can have the entire document set at their fingertips in real time. They can understand the documents in a case more completely, and be more flexible following up unanticipated answers by investigating new lines of inquiry during the deposition itself.
Depositions, as we know, are among the most valuable types of discovery. Although many of the questions and answers in a deposition will be predictable, a savvy litigator is attuned to unexpected answers that might lead to different lines of questioning, and, with those, to new information. Depositions are worthwhile precisely because they are unscripted and unpredictable: The most valuable information is often the most unexpected and unanticipated.
And so, a valuable truth in the conference rooms and other locations where depositions are taken is that it's fortunate that depositions rarely, if ever, go exactly according to plan, even though conscientious attorneys prepare for them comprehensively ' examining documents that reference or otherwise concern each deponent, and reviewing other deposition transcripts and evidence in the case to plan various inquiries about the claims and defenses at issue. They then narrow that wide swath of documents into a more manageable set that they will carry into the deposition, including an even narrower set that they intend to introduce as exhibits, depending on the testimony of the deponent. Prior to the deposition, they make several paper copies of each potential exhibit so that they are available to the witness, opposing counsel, the court reporter and the attorneys' own team attending the deposition.
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 Anti-Assignment Override Provisions
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?