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The Hidden Liability in Legacy Data
IT organizations around the world are charged with protecting corporate data assets. All data, including sensitive executive e-mail and intellectual property documents, is managed by IT for the purpose of safekeeping. Lawyers and legal staff are now starting to participate in the process of managing corporate records. Policies are being developed that help manage the corporate liability around data and ensure that information is not only protected and available, but also handled according to corporate policy. This emerging area is known as Information Governance.
Wikipedia defines Information Governance as “the set of multi-disciplinary structures, policies, procedures, processes and controls implemented to manage information on all media in such a way that it supports an organization's immediate and future regulatory, legal, risk, environmental and operational requirements.” Organizations that face frequent litigation or regulatory oversight are quickly implementing information governance strategies. However, these strategies commonly focus on the current or online data assets, and often neglect the hidden data. The latter is found in historical archives that typically consist of legacy backups of corporate networks. It is common for large organizations to have tens or hundreds of thousands of backup tapes stored in offsite vaults gathering dust. These vaults are protecting the tapes from corrosion and destruction, ensuring they are kept in readable condition. Since these corporate records are not going anywhere, they need to be included in the information governance strategy in order to control the potential hidden liability. Out of sight cannot be out of mind.
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.
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.
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.
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.