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Practice Tip <B>High-Tech Head Starts on Big Cases: Using Advanced Database Tools</b>
High-tech tools ' such as auto-coding, linguistic pattern matching and Web-based collaboration ' enable lawyers and their fact experts to take charge of large cases right from the opening days of discovery. Construction disputes are among the document-intensive cases where these new tools are being used to change the dynamics of the dispute-resolution process. As a specialist in providing expert testimony in these disputes, I've learned that these new tools permit quick and cost-effective ways to learn and research the facts of a case from among the hundreds of boxes of documents.
The dynamics of construction dispute resolution are profoundly affected by the quality of the experts' reports. Solid, well-documented expert reports lay out the nature of the claims and show, by reference to specific business records, that those claims are bona fide and can be proven. Expert reports that are so thoroughly prepared that they effectively conclude the matter, which can save the corporate client considerable legal and expert fees and costs ' to say nothing of saving the time and focus of its key operating personnel who would otherwise be involved in the litigation.
Our damages, schedule, change order and issue analyses are fully developed through our use of electronic databases, which provides my team with access to all of the relevant documentation. Because traditional methods of developing databases are time-consuming and expensive, experts for opposing parties may have to prepare reports based primarily on their general experience, without full knowledge of what the documents actually reveal about the problems caused by their client's actions and inactions. I am able to testify based on experience and confidently report the detailed evidence found in the documents.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?