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Declaring Digital Documents As Records
Many law firms have joined the quest to go 'paperless.' This holy grail of efficiency and order in the digital age has been touted for years as being just over the horizon. The answer to the question 'how do we get there?' has been just as elusive. Sure, some of your colleagues may have achieved this ideal within the confines of their personal office, but frequently at the expense of significant additional burden and paper for those who support or collaborate with them. In a world where so many attorneys and support staff still rely on hard copy versions of documents, the only way to quickly go paperless has involved massive amounts of document imaging, even when many of the documents being scanned originated in an electronic format.
What is the attraction of a 'paperless office'? This phrase conjures images of a pristine working environment, free of clutter, where any piece of information is available at a moment's notice. There is no doubt that electronic information offers the promise of easy searching and reuse coupled with a very slim physical footprint. Paper, on the other hand, turns very quickly into a disorganized mess and tends to clutter our sight for years because this hardcopy information sits in piles on desks and floors or in boxes in basements and warehouses.
Hard-copy documents and information also present a real challenge for backup plans and disaster recovery. Duplicating a store of information in a remote site in case of disaster can be done with a few clicks if the information is stored electronically. As a result, we tend to backup massive amounts of information whether or not it will ever be useful again. The standard practice for vital physical documents includes laborious microfilming, though this process has gotten to look and feel much like running paper through a scanner.
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?