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Data Mapping: The Common Thread Between Litigation Preparedness and Data Security
Virtually every legal action today relies heavily on the discovery of electronically stored information. Beyond explicitly declaring electronically stored information as discoverable, the recent amendments to the Federal Rules of Civil Procedure ('FRCP') also require litigants to know what potentially relevant ESI they have, where it is, how it's maintained and what it will cost to produce. The rules require parties to make 'intelligent and informed' decisions related to data preservation, discovery and form of production early in a case. This means that businesses must have its ESI house in order before litigation is pending.
However, according to a survey of corporate counsel attorneys, only 7% of them rate their companies as prepared for the electronic discovery amendments to the FRCP. Meanwhile, according to a survey conducted by Computerworld at the end of 2006, approximately 42% of the 170 IT managers and staffers surveyed said they did not know the status of their company's preparation for the new rules, while 32% said their company was not at all prepared. This lack of preparedness is not surprising since, until recently, many in-house legal departments have taken a back seat and let outside counsel manage their discovery needs.
These issues are compelling corporations to take the driver's seat of managing litigation preparedness as the journey towards effective document retention and collection of evidence in a consistent, defensible process should start well before involving outside counsel.
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.