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Technology Tips for Reducing EDD Review Costs
Litigation in the Internet Age involves document reviews of a magnitude not seen before. Leveraging advances in information technology, the world created more documents last year than in all the years combined since Gutenberg invented the printing press. This explosion of new data shows no signs of abating as individuals and companies continue to embrace new technologies such as instant messenger, voice over IP messaging, MP3 and digital video.
Both case law and recent changes to the Federal Rules of Civil Procedure make clear that electronic data is fair game in discovery and impose strict requirements around its preservation and production. Litigants that fail to preserve or produce enough data risk potentially draconian sanctions that can include findings of spoliation and adverse inferences. On the other hand, litigants that produce documents too freely can find themselves facing a waiver of privilege claim if a speck of privileged information slips through the review net.
The net result is that electronic data discovery (EDD) has increased the cost of litigation significantly. The largest component of EDD costs ' by far ' is attorney review. Analysts estimate that corporations spend between $10 billion and $15 billion per year on attorney review, and many corporate legal departments report that attorney review of electronic data now represents the single largest line item on their budgets.
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.