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Anticipated New Federal Rules on Electronic Discovery
The following is a summary of key issues addressed by Paul Reeve and Jonathan Solish in a session about electronic discovery that they led at the 2006 International Franchise Association Legal Symposium in Washington, DC. The summary was prepared by the authors of the presentation.
On Dec. 1, 2006, amendments to the Federal Rules of Civil Procedure on electronic discovery should become law. The new rules will codify doctrines expressed in recent case law that increase the burdens of large companies, like franchisors, that must manage substantial databases of electronic information. The new rules impose substantial obligations on both in-house and outside counsel and are certain to create problems for companies that have not taken the time to prepare for compliance before the rules become effective. Despite this, an ABA survey taken last year showed that 80% of corporate counsel were still unaware that new electronic discovery rules had even been proposed.
The rules will come at a time when electronic communications have virtually replaced traditional paper communications. Fifteen years after the Internet was opened to commercial use, 25 billion e-mails are exchanged every day. Each year the annual generation of new information is equivalent to 500,000 times the size of the present Library of Congress. Ninety-two percent of this new information is stored on magnetic media, rather than on paper.
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?