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Legal Tech: E-Discovery Lessons from the Presidential Impeachment Proceedings
E-discovery has never been more prevalent and publicly visible than it is today. Potential jurors, who already use much of the same technology as litigants and commonly carry around cellphones with access to data in many forms and locations, are seeing electronic communications and documents used regularly as evidence in public matters almost every day.
Whether we realize it or not, e-discovery has found a central place in the news during the Trump campaign and presidency, and in particular, during the impeachment proceedings.
From early on in his campaign, President Donald Trump made electronic evidence a focal point in relation to his opponent, Hillary Clinton. During one of his 2016 campaign rallies, Trump famously exclaimed, "Russia, if you're listening, I hope you're able to find the 30,000 emails that are missing." Countless voters debated the importance of, and may have even ultimately based their vote on, what was contained in certain emails, how and where they were stored and even if they were deleted in bad faith.
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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.