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Managing Native File Production Requests
Parties are increasingly requesting ' and courts ordering ' production of electronic documents in the native file format during legal discovery. In fact, according to the American Bar Association's 2005 corporate counsel survey, 30% of survey respondents reported that they have produced electronically stored information in native format. (For an in-depth discussion of these results, see, 'ABA Digital Evidence Project Survey On Electronic Discovery Trends And Proposed Amendments To The Federal Rules Of Civil Procedure Preliminary Report, February 2005,' at www.digev.e-symposium.com/papers/karticle5.pdf.)
Native File Primer
Native data refers to documents in the original file formats in which they were created, including the specific software applications used to create each individual document. For example, a native Microsoft Word file is a file in the '.doc' format. This Word file can be opened, viewed or modified only in Word or another word-processing program that can interpret Microsoft Word files. If native files are not opened using the appropriate program, certain information may be unavailable or corrupted.
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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.
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.