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While the document review aspect of the discovery process generally receives the majority of attention because of the expense and time involved, the collection of potentially responsive electronically stored information (ESI) can also represent a major expense and logistical challenge.
Employees are becoming increasingly untethered from their offices through laptops, smartphones, tablets and other portable devices. Collecting ESI can be even more complicated for organizations that operate in multiple locations. In fact, ESI collection for global enterprises can present additional logistical and legal challenges related to the international dimension.
Traditionally, collections require an on-site examiner to have physical access to the target device containing the ESI. During the collection process, the user is unable to use the device. Additionally, the examiner can only collect ESI from one device at a time. This approach often requires extensive planning, including working with the company IT team, coordinating with the security staff, scheduling the custodian to hand over the device, and ultimately transferring the forensic images from multiple sites to the processing lab.
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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.
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In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?