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Keep It Under Control
Client questions about litigation management are always the same: How likely are we to win? How long will it take? How much will it cost? The answers vary from case to case, but metrics exist to answer the questions and to enhance litigation management.
General Counsel and corporate litigation managers believe that the single most important component for successful management of litigation is faster resolution of cases. It appears obvious that the longer the case duration, the higher the legal fees. General Counsel do not believe that longer duration and additional cost generate a better result. In their view, the result is more than likely to be the same whether the matter is resolved prior to taking depositions or following the conclusion of fact discovery. See, A National Litigation Management Study, Commissioned by: The Council on Litigation Management, Revere Advisory, Inc. (March 2011) (Revere Study), pp. 8-9.
The speed with which a dispute is resolved is directly related to effective litigation management. This article describes a two-step approach for litigation management. The first step is the collection of quantitative information about each case. Over time, this information ' the metrics ' will reveal trends, duration, probabilities and costs. The second step is the preparation of a comprehensive, detailed litigation budget based, in part, on the data collected concerning similar lawsuits. The budget represents the plan for handling the lawsuit. This litigation management process creates a reasoned and logical framework for early case assessment, quicker resolution and more predictable outcomes.
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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.