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An 'Electronic Data' Primer for Class Action Attorneys
The savvy class action lawyer needs to know how to retrieve electronic information from databases in order to form an intelligent approach to investigation and discovery in consumer class action cases and to be equipped to address jurisdictional, class certification and merits issues.
Earlier Discovery Needed Under CAFA
Until recently, electronic discovery issues were, for many practitioners, an afterthought. However, recent developments in class action law will bring electronic discovery issues front and center, and electronic data will, in many instances, need to be addressed from the outset of the case. For example, in removing a putative class action to federal court under the recently enacted Class Action Fairness Act (“CAFA”), the defendant seeking to invoke federal jurisdiction must show that removal is appropriate, and that the case is not subject to the “home state” exception to federal jurisdiction. 28 U.S.C. '1332(d)(4). Under this exception, the federal court must decline jurisdiction over any matter wherein more than two-thirds of the proposed class members are citizens of the state where the matter was originally filed; at least one defendant, from whom “significant relief” is sought and whose conduct is a “significant basis” for the claim is also a citizen of the state in which the action was originally filed; and the principal injuries resulting from the alleged conduct, or any related conduct of each defendant, were incurred in the state in which the action was originally filed.
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.