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The Bleeding Edge of Change: Getting Control of Client Files
Lawyers are not necessarily known for being cutting-edge adopters of technology, particularly those in small- to medium-sized firms. In fact, it's more of a bleeding edge, as lawyers in all size firms are being painfully thrust into using sophisticated technology solutions to manage cases along with all the attendant print and electronic records. A comprehensive and reliable enterprise-wide electronic records management system is critical for tracking, storing and retrieving client files to reduce ethical, malpractice and compliance risks for law firms.
In its simplest form, electronic records management for client files is a somewhat linear process with three components: conflict checking, active management (current case files) and file storage. An overriding issue is whether the firm stays in compliance with federal, state and other regulatory agencies during each phase.
Before your firm spends any money on new technology solutions, it should conduct an audit of the processes, procedures and systems currently being used for conflict checks, client-attorney communication, internal firm communications, file set-up and storage and retrieval of closed case files. The audit should represent a hard look at how the firm actually manages client files and should address obvious holes in the system that put the firm at risk for misplacing, losing or accidentally destroying critical documentation.
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?