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e-Discovery Conference: Some of What You Missed
In mid-October, e-Discovery Law & Strategy's parent company, ALM, joined with the Business Development Institute (BDI) to offer ALM's first e-discovery conference in New York City. The faculty featured several e-discovery luminaries ' here are some highlights in case you missed it.
U. S. Magistrate Judge James C. Francis IV ' who wrote the seminal decision of Rowe Entertainment, Inc. v. William Morris Agency, 205 F.R.D. 421 (S.D.N.Y. 2002) ' started his keynote address by stating his concern that the debate over e-discovery issues has become “unnecessarily partisan.” In his eyes, plaintiffs ask for too much too often, and defendants are too possessive of their clients' material. Both sides, he said, need to move toward the middle ground. e-Discovery issues need not take the time and expense they have, if both sides agree to resolve issues amicably.
Judge Francis also commented on the proposed amendment to Federal Rule of Civil Procedure 34(b) on format. The proposed rule states that if the requesting party doesn't specify the format of the material, it must be turned over in the format in which it is normally kept. Judge Francis would like to see that rule go further, by making the default format an electronic version with as little metadata as possible.
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?