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The Shifting Landscape of e-Discovery
[Editor's Note: This month, we bring you another in a continuing series of articles on the U.S. Supreme Court-approved proposed amendments to the Federal Rules of Civil Procedure, which become effective Dec. 1 ' unless Congress acts to veto or alter them. Last month, two guest authors explored and defined the concept of accessible and inaccessible electronically stored information as defined by the new rules. This month's article expands on some aspects of that discussion, and provides a new discussion of some elements related to the production and handling, and the disclosure and protection of e-discovery data, including confidential information, under amended Rule 37, and briefly ponders the possible guidance that recently issued Sedona Conference guidelines may provide judges.]
On Dec. 1, the Federal Rules of Civil Procedure will be revised dramatically to address increasingly complex issues in the area of e-discovery. As e-Discovery Law & Strategy has reported, these amended rules represent a sea change in the practice of discovery, specifically addressing electronic discovery, and will affect a wide range of cases.
A long-arm effect of the changes is that data created by many thousands of employees and stored electronically may well be subject to discovery under the amended rules. Now is the time to anticipate and prepare for litigation and, perhaps, modify business practices by which electronic information is generated, stored and deleted.
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.