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Let Litigation Support Take Charge
Every law firm has its own personality and culture, often with people who have been there for 10, 20, or more years. In this sort of environment, instituting a new system can be difficult, if not impossible. However, the current state of the litigation support department in most law firms, if one exists at all, could do with a complete overhaul in order to deal with the various discovery needs and Federal Rules of Civil Procedure ('FRCP') changes associated with the average case. Most attorneys have neither the time nor the interest in distinguishing between single versus multi-page .TIFFs; they simply want to start looking at those images. However, seemingly minor considerations can significantly impact cost and speed throughout the entire case lifecycle. Who can take ownership of this type of technical consideration, thereby leaving attorneys and paralegals to the law?
Major issues in litigation support work boil down to work flow and delegating authority. Litigation support manages all the discovery projects, database administration and data analysis work; often, this work is done in an ad-hoc manner, and has no real defined procedures or methodology. That type of 'system' is management by abdication, not delegation. Legal teams and vendors routinely make technical decisions without the involvement of the litigation support department. The results include delays and higher costs for productions as litigation support performs avoidable work, such as modifying vendor deliveries that will not work on firm systems.
Whether there are 10 litigators or 1000, a law firm must implement a consistent and unified approach to the project management, processing and storage of all discovery or drown in the very data the clients and vendors generate. Historically, one lawyer could literally swamp another in paper and thereby push for a settlement. Today, the recipient of one banker box of electronic discovery can spend years looking through ESI documents and categorizing them ' assuming that: 1) the client can afford to turn that discovery into a reviewable database; and 2) the technical character of the vendor delivery is compatible with that of the firm.
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?