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Electronic Discovery's Impact: Policies, Technology and Security
This was the decade of electronic discovery. Rapid development of technology, law and business processes, both in and out of the courtroom, brought legal and technical issues involving electronically stored information (ESI) to the fore. Although the General Counsel's office was the primary recipient of this uninvited wake-up call, legal is not the only department impacted by this change. IT departments across organizations must now understand the impact of ESI discovery obligations and regulations. Collaboration with legal is needed to create and implement new policies, while altering existing policies to keep pace with the rapidly evolving data storage and communication methods coinciding with the rising tide of ESI.
As a result of this role evolution, IT can no longer afford to lag behind legal with regard to knowledge of ESI policies and technology any more than legal can avoid assessing the impact of planned technology implementations inside the organization. A common theme that emerged from the Fourth Annual ESI Trends Report, a survey commissioned by Kroll Ontrack, was the growing gap between IT and legal's awareness of implemented company technologies, such as an archiving platform, legal hold tool and early case assessment (ECA) technology. The report also revealed a knowledge gap in terms of the existence of an ESI discovery strategy ' whether it had been tested, and how repeatable and defensible the policy appeared to be. Encouragingly, the survey revealed that legal and IT are cooperating and sharing responsibility for managing ESI for discovery requests now more than ever. [Note: The report is based on an independent survey conducted by Echo Research Inc. on behalf of Kroll Ontrack. A total of 203 online interviews were conducted among IT and in-house counsel at commercial businesses in the United States. Survey questioning was completed in June 2010.]
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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?
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.