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e-Discovery Revisited
The discovery process has long been the most expensive and often most contentious aspect of litigation. The focus of many discovery disputes has shifted over the last 10 years to disputes involving electronic data. This change in focus is rooted in the change in the manner in which we choose to communicate with one another. In the past few decades, commerce in general and the insurance industry in particular have moved away from paper-based communication toward electronic communication including e-mail because our customers, vendors and managers all require prompt, courteous and efficient communications. This change has resulted in significant consequences for the litigation process.
In December 2006, the Supreme Court adopted major changes in the Federal Rules of Civil Procedure. Many states have followed the lead of the federal courts by adopting similar rules. These changes were the culmination of a number of: 1) high profile cases involving spoliation of evidence and the court's inherent power to marshal discoverable evidence; and 2) studies and writings undertaken in the legal community, especially through an organization called the Sedona Conference. It has become clear that an organization must affirmatively address its electronic discovery obligations or face the consequences of its indecision at a later point in time. A prudent carrier's efforts to get its own “electronic house in order” will directly benefit the company as: 1) the company will be prepared for litigation and the resultant e-discovery scrutiny; and 2) the company will have greater flexibility in selecting litigation strategies by virtue of its preparation for e-discovery challenges.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."