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Information stored on various kinds of electronic media is becoming central to virtually all corporate investigations, whether they are litigation-, regulatory- or audit-driven. The adoption of e-mail as the standard communication and document distribution mechanism, coupled with its exponential growth, has focused attention on electronically stored information.
When conducting an investigation, where one looks for that information can be critical to both the success and cost of the project. Accessing data from the 'live' computer systems is the most obvious place to start. However, when an investigation requires copies of e-mails and/or documents from the past ' anything older than three months or more ' live computers cease to provide good returns.
When older e-mails and documents are required, the best ' and often only ' place to look is on backup and archive tapes. These tapes, which are routinely used to retain archive copies of critical business information, often for many years, provide complete and regular snapshots of a business ' with all recorded communications and documents over an extended timeframe.
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 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.
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.
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.
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.