Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Handling E-mail Effectively under the New e-Discovery Rules
Before the technological revolution, conversations were rarely recorded, with their reconstruction left to the warring memories of the witnesses or re-interpretations of handwritten, often cryptic notes. Even back-and-forth correspondence was susceptible to ex post facto parole evidence. Telephone conversations, meetings discussions, and even chance oral communications were dependent on the recall capacity of the persons involved, frequently boiling down to a divorce court 'he said, she said' argument.
The waterfront has changed dramatically with the advent of electronic communications. Now, most business-related conversations are forever captured in e-mail strings that often memorialize some of the most confidential and candid conversations within a business organization. These e-mail strings leave little for interpretation, other than tone, voice inflection or mood. Their 'ink' is indelible, their facts cold and hard and their probative value extremely high in many cases.
E-mails eliminate the 'he said, she said' arguments of the past, serving to solidify not only what he or she said, but when they said it, when they sent it, who received it, who responded to it and what they said and when. What a witness knew and when he or she knew it is right there in the e-mail strings.
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?