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e-Discovery, e-records management and the mitigation of internal fraud ' such as the theft of intellectual property and trade secrets ' are three of the top compliance priorities for in-house counsel. Because all three center around computer data, the technical ability of business concerns to properly manage, identify, search and retrieve computer information across the global enterprise in an efficient manner is necessary, in fact, imperative, these days. As such, while well-developed processes and managerial oversight are important, deploying effective enterprise-class computer investigation and retrieval technology is also needed to achieve meaningful compliance. Without such a capability, compliance efforts become highly manual, inefficient and expensive, and lead to compromises in the execution of even the best designed processes.
For these reasons, large organizations are turning to enterprise computer-investigation technology to address such technical challenges and facilitate compliance. Such a capability enables highly scalable and thorough searches of systems across their wide-area network to identify, collect and process computer evidence. Enterprise computer-investigation systems provide an overall framework to enable compliance with e-discovery requirements, audit and enforce e-records management policies and conduct thorough computer investigations in a reactive and proactive manner to address internal fraud and IP theft.
With a single platform providing a mechanism to perform computer investigations and audits, counsel then is able to ensure that the organization addresses a multitude of compliance priorities while achieving a dramatic return on investment.
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 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.
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.
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.
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?