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New Rules For Electronic Evidence: The Case For The Defense
Editor's note: Last month, we featured the first half of “New Rules For Electronic Evidence ' The Case For The Defense.” The first part covered the topics of early discussion of electronic evidence, before the case begins, and meet and confer. For a brief discussion on managing a case, dealing with evolving case strategy, some ramifications of the sophisticated technology involved in electronic discovery, and more, we offer Part Two of the article.
Managing The Case
Attorneys will be required to make early and potentially far-reaching decisions about how electronic discovery will be conducted. To most effectively safeguard client interests, attorneys need to be informed about the issues. Some of the questions to be faced early include:
- Which custodians' data should be produced?
- For what date ranges?
- What de-duplication methods, if any, should be used?
- What culling technology or methodology will be used to reduce the volume of irrelevant data?
- What search methodologies, if any, should be used?
- In which form or forms is the data to be produced? and
- How will vendors be chosen to assist in the collection, review and production of data?
If the plaintiff is more knowledgeable about various technology options, he or she may be in a position to argue successfully for broader discovery. It is important for the defense to be fully armed to rebut these arguments. Lawyers will have to become aware, at least on a general level, about current trends in e-discovery technology and how it can help them with discovery responses.
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.