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Computer Forensics for Your Firm
The percentage of electronically stored information ('ESI') evidence in the standard case has increased exponentially, and all signs on the Information Superhighway and on roads leading to court indicate that ESI in litigation will escalate as time goes by. Along with e-discovery, the field of computer forensics is becoming evermore central to the discovery process. The need for computer forensics analysis is appearing frequently at the state and federal level, and the field's influence and demands are permeating civil and criminal cases, both large and small.
Attorney and e-discovery expert Tom O'Connor, with the Washington, DC-based non-profit Legal Electronic Document Institute, says that judges in the cases
he consults on are ordering e-discovery and computer-forensics investigation much more frequently than ever before. O'Connor is seeing the effect of this change on all kinds of cases.
'Even a small business has a 20 GB hard drive these days,' he notes. 'We can't think of e-discovery as an issue only relevant to large or complex litigation anymore. Nearly everyone has at least one computer at work and one at home, not to mention a cell phone, PDA, GPS system and wireless Internet connection. With all these potential evidence sources for each individual, it's no wonder that the amount of electronic evidence to be vetted is skyrocketing.'
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.