Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Dealing With Deleted, Unsent and Edited ESI
In an increasingly digital society, discovery of electronically stored information (ESI) has become part and parcel of written discovery. In many cases, document productions consist entirely of ESI because the parties communicate almost exclusively through text message and email. While these written communications have the appearance of reliability, technological advances have, over time, rendered many digital communications less static and more open to manipulation. Litigators need to take heed of these advances to properly advise clients and effectively preserve, retrieve and present evidence.
Of note, Apple recently announced that its latest operating system, iOS 16, will allow users to edit and unsend recently sent text messages. The new system is slated to roll out in Fall of 2022. Other platforms (e.g., Outlook, Facebook) have offered the ability to unsend messages for some time. However, the ubiquitous nature of text messages (particularly iMessages) and the additional ability to edit already-sent messages makes Apple's latest announcement particularly noteworthy for litigators dealing with ESI. As practitioners prepare to accommodate this development, they would be well-advised to adjust their e-discovery practices and forms to address deleted, unsent, and edited communications on all platforms.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.