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GC's New Discovery Role
Discovery today involves significantly more digital content to sift than ever before, resulting in a costly and time-consuming start to litigation or regulatory investigation.
In fact, one of the most common complaints from corporations today is that the cost of discovery is simply too high, making compliance with regulatory rules and litigation requests extraordinarily challenging ' and at times even crippling. But corporations can control these skyrocketing costs by taking a more active role in managing and preparing for discovery.
The impact of e-mail is staggering. According to a recent study published by The National Law Journal, corporations are projected this year to spend more than $1 billion for electronic discovery services, and nearly $5 billion to manage e-mail. Although these numbers seem large, they pale compared to the additional billions of dollars that corporations pay law firms to conduct discovery. An industry consultant tells us that one of his clients is spending $36 per document to review, from start to finish. This seems high, yet most corporations have no idea what they are paying per document. The fact is that most corporations never ask their law firm how much they charge per document, nor have they conducted any type of analysis to identify the true, total cost of discovery. The problem with this is that without a figure to use as a baseline, corporations will never truly know whether they are paying too much, and so will never be able to demand cost-savings. Imagine the dollars you could save your business if you knew what discovery should cost.
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.