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Social Media Data Preservation
Social media is no longer a new phenomenon. Yet, the development of business rules governing the long-term retention of social media content in the ordinary course of business as well as the legal precedent governing the preservation of social media for litigation remain in their infancy. (For convenience, we will refer to the concept of saving social media for both purposes as “preservation.”) Businesses are only now beginning to explore the value and need to retain their social media interactions. Courts are likewise just starting to assess the interplay of privacy rights and regulatory laws, authentication of social media data, the waiver of privileges, and issues related to the preservation and collection of social media. See, Romano v. Steelcase, Inc., 2010 WL 3703242 (N.Y. Sup. Ct. Sept. 21, 2010) (privacy); EEOC v. Simply Storage Management LLC, 270 F.R.D. 430 (S.D. Ind. 2010) (privacy); Cripsin v. Christian Audigier, Inc., 717 F.Supp.2d 965 (C.D. Cal. 2010) (regulatory laws); Lorraine v. Markel American Insurance Co., 241 F.R.D. 534 (D. Md. 2007) (authentication); Griffin v. State of Maryland, 419 Md. 343 (Md. 2011) (authentication); Ledbetter v. Wal-Mart Stores, 2009 WL 1067018 (D. Colo. Apr. 21, 2009) (waiver); Tener v. Cremer, 2011 N.Y. slip op. 6543 (N.Y. App. Div. Sept. 22, 2011) (accessibility).
The emerging requirements for preservation solutions have created a two-fold need: identifying process solutions and the technology to support them. Fortunately, the market has seen growth in offerings aimed at meeting social media preservation strategies. This article explores some of these developments and provides a set of basic considerations to evaluate when assessing the technology.
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.