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ESI Management from Server Room to Board Room
In response to increasing volumes of electronic data generated and maintained, corporations are forming response teams to develop and implement protocol designed to comply with legal requirements for the preservation and production of electronically stored information (“ESI”). In furtherance of this mission, the role of IT has gone through a radical evolution ' and IT is leading the charge in creating and implementing IT protocol designed to safeguard corporations against the future threat of litigation or investigation.
Corporate reliance upon IT has been fueled by amendments to the Federal Rules of Civil Procedure (“FRCP”) and influenced by a sharp decline in corporate wealth and the corresponding uptick in corporate civil case filings. In December 2006, the FRCP were amended to accommodate changes in the way electronic information is managed in the context of litigation. Contemporaneously, the market experienced an increase in interest rates, slowing of real estate appreciation, and an increase in civil court filings and corporate investigations. As corporate litigation increases in a downward economy, businesses have felt the pressure more than ever to take inventory of its ESI and prepare for the day its data management practices are called into question. As such, IT's technical knowledge has become integral to corporations' efforts to “get the house in order.” Concurrently, the amended rules, along with ensuing case law, have provided sorely needed instruction and guidance to corporate counsel and IT professionals regarding ESI discovery in civil lawsuits.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.