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Caught on Tape: The Next Frontier In Electronic Discovery
Voice-mail has traditionally been the most personalized and candid form of communication in business. Even with the proliferation of e-mail and other electronic documents, voice mail continues to have a greater impact on juries and judges. Take, for instance, a case where Kelley Drye & Warren in New York represented Arch Personal Care Products in a non-compete lawsuit against a founder of a company it had just acquired. The defendant was caught trying to establish a competing company even before the acquisition was completed. The case was solidified by a 30-second, expletive-laden voice mail that ultimately led to a $7 million verdict for Arch.
Voice Mail as Evidence
While voice mail has always been subject to discovery and investigation, the process for electronically saving voice mail and filtering through the saved messages has been spotty and very time consuming. All of this is about to change.
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.
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.
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.
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?