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<i>Peskoff</i>, Cost-Shifting and Accessible Data
Now that the Federal Rules of Civil Procedure ('FRCP') have been modified to acknowledge explicitly electronic information's role in contemporary legal disputes, the uneasy process of adapting rules written in the era of typewriters and mimeographs to a world of e-mail and metadata has been replaced by a new task: determining how the recent amendments have ' and have not ' altered the legal landscape concerning electronic discovery.
Cost Shifting
A recent opinion in Peskoff v. Faber, No. 04-CV-00526, 2007 WL 530096 (D.D.C. Feb. 21, 2007), provides an early look at how the process of integrating the new federal rules into the prior e-discovery framework is proceeding. The opinion addresses an area of e-discovery law that had been the subject of numerous detailed judicial analyses ' the propriety of shifting the costs of e-discovery from the responding to the requesting party. It also attempts to draw from the recent amendments, as well as past precedents, support that such cost-shifting is permissible only when so-called 'inaccessible' electronically stored information ('ESI') is requested.
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.
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.
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.