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A new day is dawning for electronic discovery in corporate environments. Opposing counsels recognize that e-documents stored in proprietary formats or on multiple systems no longer mean that they are inaccessible.
The proposed amendments to the Federal Rules of Civil Procedure, which have been covered extensively in e-Discovery Law & Strategy, expand the rules in regards to e-discovery. Scheduled to go into effect on December 1, unless Congress intervenes to change them, examples of previous types of rulings that the amended rules would broaden include:
- In Rule 26(a)(1), the phrase 'electronically stored information' is added. This could require either party to locate information germane to the case even though the nature of the information is imprecise;
- In Rule 34(a)(1), the phrase 'stored on any medium' is added. This wording is designed to be flexible enough to cover all current technologies and flexible enough to encompass future changes and developments; and
- Rule 37(f) is an entirely new subdivision of Rule 37 and provides provisions for information lost during routine, good-faith operations. (From, Summary of the Report of the Judicial Conference. Committee on Rules of Practice and Procedure. Agenda E-18 Rules September 2005.)
As these rulings take effect, corporations will become susceptible to broader e-discovery requests ' and susceptible and subject to more of them. As companies respond to these requests, the companies' executives and counsel will awaken to the difficulties and costs of meeting the requests if they use existing access and search processes.
The Process Problem
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?