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Don't Touch E-discovery Data
I am frequently asked about best practices in collecting electronically stored information (ESI) and how data collections should, or should not, be performed. While collections will certainly vary from matter to matter based on the objectives at hand, there are some general best practices that should be followed in all matters, particularly when it comes to touching the data.
Options Are Available
In today's world, there is no magical way to collect electronic data without 'touching' it in some regard. The goal is to minimize the touching and avoid disturbing or changing the data or metadata (data about the data) at all costs. The primary decision that needs to be made is in what manner the data should be touched. For a small percentage of cases, a complete image of a hard drive or other piece of media may be required. There are a variety of imaging tools on the market, most of which are proven to provide sound data collection without altering any data or metadata. For the vast majority of cases, a collection of 'live' files, or a subset of those files, will be enough to satisfy the requirements of the matter.
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.
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.
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.