Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Recent Developments in Spoliation Law
Spoliation has been broadly described as the destruction or alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation. While the definition of spoliation was once limited to the intentional destruction of evidence, many courts have adopted significantly broader definitions that include the negligent or unintentional destruction of evidence. Spoliation affects litigants on both sides of the 'v.' and is not considered an exclusive plaintiff or defendant issue. A product liability attorney needs to take notice and be aware of potential issues that may arise when confronted with spoliation, both from the standpoint of implementing a strategy to counter the actions of a spoliator and to implement safeguards to avoid becoming a spoliator.
Jurisdictions throughout the country have developed varying application and remedial strategies to combat what is considered a pervasive issue confronting civil litigation. While specific anti-spoliation laws and policies vary between different jurisdictions, they serve the general goal of preventing a spoliator from benefiting from his wrongdoing by the imposition of remedial and even punitive measures. This article examines recent developments in spoliation law affecting civil litigation, including various remedial and punitive strategies that some jurisdictions have adopted.
The Traditional Spoliation Doctrine
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?