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First-Level Review: The Next Legal Service to Be Sent Offshore?
Ask any corporate general counsel today about his or her top concern, and the answer almost invariably will be 'cost control.' In a recent Fulbright & Jaworski client study, the firm's Second Annual Litigation Trends Survey Findings, cost was the most-cited concern. Interestingly, some respondents expressed more concern over the costs of litigation than whether they won or lost the case.
Discovery costs continue to spiral upward because of the vast amount of electronic data created daily, and the need for robust technology to reduce document sets for review, coupled with high-quality/low-cost review, is acute.
But the greatest success for clients, as measured by cases won and costs saved, will be realized by combining robust technology with lower-cost, offshore legal workers. In a recent KPMG white paper, A Revolution in E-Discovery: the Persuasive Economics of the Document Analytic Approach, four different methodologies for pre-paring and reviewing documents in litigation were compared. While a broad range of total costs was computed across the different approaches, the majority of the cost in all cases was in first-level document review ' ranging from 58% to 90%. So the cost and time are not in the processing and production of documents, but within the review.
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?