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Managing Native File Production Requests
(Editor's Note: Last month, the authors provided a primer on native file production requests and examined what the courts have said on the matter. This month, the authors take on substantive issues in objections to native file requests.)
Several recent cases have suggested that a producing party may be forced to comply with a native production request if the producing party fails to offer a substantive basis for objecting to the request.
In Treppel v. Biovail Corp., 2006 WL 278170 (S.D.N.Y. Feb. 6, 2006), for instance, the plaintiff's counsel sent defense counsel a proposed e-discovery preservation order that, among other things, declared that accessible data would be produced in its native format. In declining to agree to the order, defense counsel argued that the proposed order was onerous ' that it was inappropriate to consider production format in the absence of specific production requests. The court, however, determined that native production was appropriate because the defendant had failed to offer a substantive basis for its objection to native format.
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.