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E-mail, Instant Messaging and Voice-mail
Electronic communication has been a productivity boon in nearly every industry. E-mail, voice-mail, and the latest favorite, instant messaging (IM), enable workers to communicate at the pace and level of interaction they need. Unfortunately, the more digital messages workers exchange, the more risk companies face from electronic information that could prove damaging during litigation.
The Sarbanes-Oxley Act requires auditors to retain all records relevant to an audit or review, and this includes “workpapers, documents that form the basis of an audit or review, memoranda, correspondence, communications, other documents, and records (including electronic records).” This clearly includes e-mail, and failure to properly maintain these records can result in jail time.
But language such as “data compilation” and “electronic records” includes more than just e-mail. Relevant electronic records can also include data in databases, accounting, and calendaring systems. While the courts are not yet clear on some of the finer points, this may also include electronic data stored by instant messaging (IM) systems and new digitally-based voice-mail systems. IM is of particular concern because according to the “2004 Workplace E-Mail and Instant Messaging Survey Summary” published by AMA/ePolicyInstitute Research, only 11% of organizations employ IM gateway/management software to monitor, purge, retain, and otherwise control IM risks and use.” The survey report also concludes that with 31% of employees using IM, and 78% of users downloading IM software from the Internet, 89% of organizations are vulnerable to a growing array of IM-related legal, compliance, productivity, and security threats.
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?