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With the deadline for a proposed merger fast approaching, a large technology company began the process of securing regulatory approval from the Federal Trade Commission (FTC). The company, under a tight production timeframe, was faced with producing documents to the FTC in only a few weeks. The FTC had requested data from 150 key custodians ' which totaled a document universe of more than 120 million e-mail and file pages. After collecting, filtering and processing the data with the assistance of an electronic evidence expert, the company was faced with the prospect of reviewing about 21 million pages of potentially responsive data. To complete the review in the allotted time, the company determined that it needed to hire and train a large team of temporary and contract attorneys, who would work under the supervision of outside counsel, to review the documents in an online document repository.
This scenario is faced routinely today by in-house and outside counsel called on to train a team of attorneys in relation to a regulatory investigation or litigation. Training large document-review teams to consistently apply specified review criteria to millions of pages of often mind-numbingly dull documents has long been a challenge for counsel. The time- and cost-savings offered by online review tools, along with the enhanced automated quality control features of such tools, have made electronic review an increasingly compelling option for large-scale, time-pressured document reviews. While electronic-document review projects have become more common in the last few years, setting up the project and training attorneys in preparation for review remains challenging.
Some key questions to ask and answer when embarking on a training project include:
This article will take a look at how to prepare for training contract attorneys and will address best practices every review team should consider to achieve a positive result.
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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 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.
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.
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.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.