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Not Just Another Article on e-Discovery Review
I, and my fellow electronic discovery veterans, have authored thousands of prescriptive articles offering sage advice on how to best improve and conduct an e-discovery review. Our industry often talks about 'best' like they are non-intuitive or otherwise so unique that only the truly gifted and inspired can attain such vaulted status. In truth, I believe that the best e-discovery review best practices are better characterized as the application of real-life lessons. I believe they are not complicated, and I further believe that focusing on a few of these learned lessons with a thoughtful, deliberate approach will achieve a truly effective electronic discovery review.
Plan, and Then Plan Some More
The absolute number one lesson is to plan. I would advocate that in nearly every project, e-discovery or otherwise, doubling (yes doubling) the planning effort for a project results in substantially greater returns than the additional investment. Take, for example, a large e-discovery effort involving 100 custodians, which not uncommonly can incur more than $5 million in review and e-discovery costs.
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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?