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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.
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 Stranger to the Deed Rule
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.