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Document Destruction Horror Stories
As corporate information systems expand and government investigations escalate, the incidence of electronic (and other) document discovery debacles is on the rise. In the September Business Crimes Bulletin, Steven F. Reich provided an overview of the various electronic discovery issues addressed a single civil lawsuit, Zubulake v. UBS Warburg LLC, including: Who bears the costs of producing e-mail? Who pays to restore backup tapes? When does the duty to preserve attach? What sanctions should attach to the failure to preserve potentially relevant electronic material?
Three recent cases involving government inquiries provide sobering lessons about electronic evidence to corporations and their lawyers. The most notorious, U.S. v. Arthur Andersen, LLP, resulted in criminal convictions. Another, In the Matter of Banc of America Securities LLC, involved SEC enforcement action. The third, United States v. Philip Morris, arose in a Department of Justice civil suit. If nothing else, the cases demonstrate that corporations exposed to such investigations must implement effective and well-maintained information management systems.
Arthur Andersen
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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?