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Getting Smart About Analyzing Electronically Stored Information
Fast forward to 2007, where e-discovery and its concomitant analysis has become a major component of any discovery request. According to an online article from Law.com, more than 90% of new business records are created electronically, and 40% of them are never converted to paper. In fact, in its End-User Survey & Market Forecast 2006-2010, research firm Enterprise Strategy Group (ESG) found that 42% of respondents state that their organization has been involved in a legal proceeding or regulatory inquiry that necessitated the search for and retrieval of electronic records. e-Mail, in particular, has become a key issue as it's used in nearly every business transaction: negotiating contract terms, settling disputes, acknowledging agreements and finalizing documents.
Further, the problem is only getting worse. Consider the newly amended Federal Rules of Civil Procedure (FRCP), which went into effect last December. Rules 16 and 26 were amended to provide the court with early notice of e-discovery issues. A clear implication of this rule change is that the number of cases and the amount of data subject to analysis and review has increased significantly. According to a 2006 survey by international law firm Fullbright and Jaworski, large U.S. companies are already concurrently managing 556 cases on average, with an average of 50 new disputes emerging each year.
This article takes a step back to evaluate whether efforts to streamline the analysis of ESI data have been effectively applied. My sense is that although the times have changed and methods of communication (Blackberrys, instant messaging, etc.) have become unquestionably more sophisticated, the e-discovery process has stagnated. The legal industry as a whole has been slow to keep up with change. As a result, it's getting harder to justify the cost and time that goes into the antiquated process many have grown accustomed to using.
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?