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e-Discovery Docket Sheet
Parties Ordered to Confer on e-Document Production Scope, Costs
In a class-action consumer-protection lawsuit, the defendant objected to a request for electronic documents including 'any and all information related to e-mail.' The defendant claimed that the request was overbroad and unduly burdensome because it would cost about $10 million to produce the documents in .TIFF format. The plaintiffs countered by asserting that the defendant could first produce the documents in 'native PST format' and then print the documents 'without any additional cost.' Declining to rule on the costs issue, the magistrate judge ordered the parties to confer and agree on a data-sampling protocol, a production format or both. If the parties couldn't agree, then a hearing would be held to determine production scope and cost-shifting. The magistrate also found the plaintiff's request for e-mail overly broad and stated, '[t]he mere suspicion that a document containing relevant evidence might be located in defendant's computer files does not justify the production of all e-mail communications or computer records. … [R]equests must be reasonably tailored to secure the production of documents relevant to the issues in this lawsuit.' Thompson v. Jiffy Lube Int'l, Inc., 2006 WL 1174040 (D. Kan. May 1, 2006).
Plaintiff Must Produce e-Mails with Physical Attachments
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.