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<b><i>Product Review:</b></i> Wave Software Enhances Its Trident Suite
The upgrades seen with version 4.5 (or the third prong of the Trident) include the 'loose file' handling capability that many electronic discovery professionals have been requesting. Loose files are the Microsoft Office, PDF, or other files that users create and store within folders on their computers, network shared folders, external storage devices and so on. Loose files exist outside of a traditional mailstore container (like an Outlook PST or Lotus Notes NSF file) and may be placed anywhere on the storage medium at the discretion of the user. From the electronic discovery processing professional's point of view, separating the user-generated content from the standard (and oftentimes ignorable) operating system files can be a difficult and time-consuming task.
Trident Pro's version 4.5 offers de-NISTing and new de-duplicating features. Let's talk about de-NISTing. What is it? De-NISTing is the process whereby an application uses published hash sets to identify system files and other ignorable files. Why is de-NISTing important? More frequently these days, entire hard drives are being forensically collected, preserved and processed. While this approach is a good one because it preserves all the data as it existed during the regular course of business and at a specific period in time, it also preserves all the operating system files. With operating system and other ignorable files often taking up approximately 65%-85% of a hard drive's active data, it is essential to identify and exclude these ignorable files as early into the process as is feasible. The National Institute of Standards and Technology ('NIST') publishes a quarterly update of known system and ignorable file hashes. This quarterly update is the product of the National Software Reference Library ('NSRL') and is freely downloadable from www. nsrl.nist.gov/Downloads.htm. So, why not just tell your electronic discovery vendor to ignore files with a .dll or .exe or other system file extension? It is very easy for a user to hide data by changing the file extension of an incriminating document to .dll or .exe and storing it in a program folder. Unfortunately, in an attempt to save time and money, these system file or program file folders are ignored. Trident Pro version 4.5 now allows the electronic discovery professional to defensibly exclude files based upon MD5 and SHA hashes of known system files, which are published by the NIST.
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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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?