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e-Document Conversion & Native Document Review
Today, at the blink of an eye, documents, images, and communication are transmitted across the country and across the globe via a web of networked computers. A recent study conducted by the University of California Berkley found that in 2002, people around the world created enough new information to fill 500,000 U.S. Libraries of Congress. Plus there was a 30% increase in stored information from 1999, the last time the same study was conducted. The increase of new data per person works out to be the equivalent of a stack of books 30 feet high (www.cnn.com/2003/TECH/ptech/10/29/information.study.reut/index.html). All of these electronic transactions are creating “footprints” on hard drives, backup tapes, and other media sources that courts have held are discoverable in civil litigation. The process of collecting, searching, and producing these e-data trails is called electronic discovery.
One of the emerging debates in the legal community on the topic of e-discovery is whether electronic documents and e-mail should be converted to a “uniform” format (such as a .tiff) or whether they should be kept in their native format for document review and production. This decision, which often occurs at the beginning of an e-discovery project, can affect almost every aspect of the e-discovery process going forward – preservation, metadata, searchability and cost. For example, if electronic data is not captured and accessed properly, the content of the document or the valuable metadata, behind the scenes data about the data, can be altered or destroyed.
Given that e-discovery is still rather new to some litigation attorneys, some misunderstandings about the technology behind converted file review and native file review are circulating. This article will clarify and answer some of the questions that have arisen surrounding the review and production of data in a standard file format or in its native format in electronic document discovery.
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?