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Dynamic files shared as links rather than attachments — known as hyperlinked documents — are emerging as a new frontier in the e-discovery landscape. As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Cloud storage services such as OneDrive, SharePoint, and Google Drive have revolutionized file sharing, facilitating collaboration in an increasingly global workplace. By sharing links, users can distribute documents quickly, bypassing email attachment limits and physical transfers. These links allow recipients to view and edit files in real time, ensuring they always see the most up-to-date version. While convenient, hyperlinked documents introduce significant challenges for e-discovery professionals.
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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.
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