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No Computer Tampering Proved In NJ Test Case of e-Discovery Rules
A New Jersey judge has found no spoliation of e-mail evidence in a business dispute, despite the destruction or disappearance of two laptops, a computer-server hard drive and backup tapes.
The January 30 decision, in DeSantis v. Biehler, C-196-01, appears to be one of the first decisions under New Jersey's new electronic discovery rules that took effect last Sept. 1.
One of those rules, amended R. 4:23-6, contains a safe-harbor provision barring courts from imposing sanctions for failing to disclose data 'lost as a result of the routine, good faith operation of an electronic information system,' absent exceptional circumstances.
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.
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.