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New Rules for e-Evidence: The Case For The Defense
More than a few attorneys have so far managed to stave off the fateful day when they truly will have to address electronic evidence. Either they have been fortunate or smart in their selection of cases, or someone else has taken care of these issues for them. Or maybe they and opposing counsel have quietly decided that there was really nothing very interesting in those e-mails and that the paper documents will be adequate.
However, that fateful day is arriving quickly as proposed changes to the Federal Rules of Civil Procedure come closer to final approval. (See, www.uscourts.gov/rules/newrules6.html. See also, “U.S. Judicial Conference Approves FRCP e-Discovery Amendments” in the October issue of e-Discovery Law & Strategy.) Although these new rules are not in effect yet, some courts and practitioners are being guided by the proposed changes.
Many defense attorneys feel condemned to the role of Sisyphus, eternally pushing a rock up a mountain. They believe the burden of the new rules adds rocks to push. One of the broadest-reaching implications of the new rules is to make the process for reviewing electronic data much more transparent.
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.