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Electronic Discovery v. Computer Forensics: The Differences You Need to Know
With the rapid growth of electronic discovery, even well-informed lawyers and support teams are often unclear about the differences between computer forensics and electronic discovery. The differing processes of collecting and reviewing electronic data involve varying levels of technological sophistication and data interpretation, and the choices you make about which services to use depend on the matter at hand. While electronic discovery is needed vastly more often than computer forensics, legal teams may use one or both services in particular matters. The following article provides you the practical working knowledge you'll need to determine which discovery approach is best suited for your needs.
What are Electronic Discovery and Computer Forensics?
Electronic discovery is best described as the collection, preparation, review and production of electronic documents from large numbers of hard drives and other storage media. Electronic discovery firms may be called to testify regarding chain of custody of particular collections. Computer forensics is the use of an expert to preserve, analyze and produce data from a single hard drive. It's sometimes referred to as the “autopsy of a computer hard drive,” using specialized software, tools and analysts who often provide expert witness services. So what's the real differentiator between the two services? The main differences relate to the volume of information involved, who touches what type of data, and whether expert reconstruction is required. (See the chart on page 4).
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.