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A Financial Expert's View on e-Discovery and Financial Expert Challenges
Editor's note: In this edition, we offer the second of a two-part article on the challenge of financial experts as witnesses in cases in which e-discovery is relevant. In Part 1, which appeared in the February edition of e-Discovery Law & Strategy, our expert author from PricewaterhouseCoopers provided an overview of how a financial expert can help counsel in e-discovery and litigation strategy. In this month's article, Michael LoGiudice examines instances of financial experts being challenged and excluded from cases ' and how to avoid exclusion. We reprint the first two sections of February's article for background and continuity. Click here to see the February article.
The well-known Daubert case was decided in 1993. Kumho Tire was decided in 1999. Challenges to financial experts under the rules outlined by Daubert and Kumho Tire are increasing.
In December, amendments to the Federal Rules of Civil Procedure ('FRCP') affecting e-discovery went into effect. These rules are likely to give rise to challenges for a variety of reasons. The challenges, for instance, may result from discovery requests being perceived as allegedly overly burdensome or irrelevant.
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.