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Litigation Cost Control in the Digital Age
With new judicial opinions being issued every month on the topic, the allocation of e-discovery costs is probably one of the fastest-growing areas in e-discovery jurisprudence.
Given that the price tag associated with e-discovery can be staggering, some of the most intense arguments in a lawsuit can ensue over which party will foot the bill to collect, restore, process and produce the enormous volumes of electronic evidence that is discoverable in many of today's legal proceedings.
Of course, the producing party advocates a reduction in the scope of the document request or, in the alternative, seeks to shift costs to the requesting party. Conversely, the requesting party often seeks the broadest possible universe of documents, with all costs borne by the producing party. With discovery costs representing 50% of litigation costs in the average case ' and up to 90% of the litigation costs in cases in which it is actively used ' what litigator would not launch a strong fight over cost allocation?
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?