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The Iterative e-Discovery Searching Method
Searching for potentially relevant documents in a huge mass of electronically stored information ('ESI') is a lot like panning for gold. Before you can get the nuggets you're looking for, you'll need not only the right tools, but also the right process. Your sifting pan needs to have the right-sized holes ' not too large (or gold will slip through) and not too small (or you won't be able to sift out the sand).
And the company you hire to do the searching for you has to know what to look for and how to make the tools that they are given work ' so that the smaller, less obvious, pieces are not missed. Most important, you must know where to look for the gold in the first place.
Legal teams face similar concerns at the beginning of each litigation. From a veritable river of digital information ' including e-mails, documents, voice mails, video files, databases and other more obscure data sources ' lawyers need to extract only those specific pieces of data that will be relevant to their case. Litigators seek the e-mails, documents or other digital objects that will help exonerate their client. Knowledge of the data that a client has, good or bad, helps counsel properly build a case.
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.