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Authenticating Electronic Evidence: From Collection to Production
In today's highly litigious society, the great deal of electronically stored information (ESI) flying around can complicate the resolution of disputes. Depending on the industry and the individual, electronic documents may exist on home computers, laptops, PDAs, voice-mail systems and flash drives, as well as on corporate-based servers, archiving systems and network share drives. Yet, many companies wait until litigation begins, or even later, to consider electronic data and preservation issues. This can result in greater expense and a higher risk of mistakes. For example, if documents are missed or if the wrong documents are turned over to the requesting party, a company can expose itself to spoliation fines or worse ' unknowingly reveal the potential 'smoking guns.'
Authentication is Key
Evolving technologies, such as e-mail archiving and enterprise content management (ECM) systems, hold the golden promise of helping companies manage the millions of e-mails and other ESI created on a daily basis. However, these systems are not a cure-all solution. Once a duty to preserve arises, either as a result of a discovery request or anticipated litigation, a company must ensure that files (including the relevant, related metadata) are no longer deleted or altered in any way. With a records management system in place, this may include a 'litigation hold' to preserve the asset in the file repository. In other cases, the custodian of the file must be instructed to prevent destruction or spoliation ' on a desktop, laptop, PDA or other personal device. An even more reliable and legally defensible approach is to make a forensic copy of relevant files and store them in a secure, separate repository that preserves chain of custody and the underlying metadata. This process should take place as soon as the litigation is anticipated, which may be long before a lawsuit is actually on file.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.