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GC's New Discovery Role
Discovery today involves significantly more digital content to sift than ever before, resulting in a costly and time-consuming start to litigation or regulatory investigation.
In fact, one of the most common complaints from corporations today is that the cost of discovery is simply too high, making compliance with regulatory rules and litigation requests extraordinarily challenging ' and at times even crippling. But corporations can control these skyrocketing costs by taking a more active role in managing and preparing for discovery.
The impact of e-mail is staggering. According to a recent study published by The National Law Journal, corporations are projected this year to spend more than $1 billion for electronic discovery services, and nearly $5 billion to manage e-mail. Although these numbers seem large, they pale compared to the additional billions of dollars that corporations pay law firms to conduct discovery. An industry consultant tells us that one of his clients is spending $36 per document to review, from start to finish. This seems high, yet most corporations have no idea what they are paying per document. The fact is that most corporations never ask their law firm how much they charge per document, nor have they conducted any type of analysis to identify the true, total cost of discovery. The problem with this is that without a figure to use as a baseline, corporations will never truly know whether they are paying too much, and so will never be able to demand cost-savings. Imagine the dollars you could save your business if you knew what discovery should cost.
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?