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Field-Based Intelligence
Has acceptance of technology-assisted review (TAR) finally turned a corner and earned broad acceptance in the legal community? Some recent comments by the influential and technology-savvy Magistrate Judge Andrew Peck, published in a March 2015 decision would seem to indicate that TAR has moved beyond the controversial stage and entered into the mainstream of e-discovery practice. See, Rio Tinto PLC v. Vale S.A., et al., No. 14 Civ. 3042, U.S. District Court, SDNY (March 2, 2015) ().
Culling Before TAR
“In the three years since da Silva Moore,” writes Judge Peck, “case law has developed to the point that it is now black letter law that where the producing party wants to utilize TAR for document review, courts will permit it.” Id., referencing Da Silva Moore v. Publicis Groupe, 2012 U.S. Dist. LEXIS 23350 at 19 (S.D.N.Y. Feb. 24, 2012). Judge Peck points out, however, that courts have not generally approved of requesting parties trying to force producing parties to use TAR, and he also notes there are still “open” issues related to use of the technology ' most notably the degree to which parties need to be transparent and cooperative with regard to selection of seed sets used to “train” the TAR system to identify evidence likely to be responsive.
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.