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Decoding Encrypted Documents in Cross-Border e-Discovery
On the battlefields of ancient Rome, Julius Caesar used a cipher that changed the order of the letters of the alphabet to secure messages he sent to his infantry leaders. Caesar shifted the letters in his messages by three, such that the letter A would become D, safely encoding them from his mostly illiterate foes. Any messages the enemy intercepted were likely presumed to be written in a strange foreign language.
Since this first reported use of cryptography in 50 B.C., encryption techniques have become far more sophisticated and prevalent. Therefore, it is likely that any data you collect in discovery will contain files ' if not entire computers, hard drives or mobile devices ' that are encrypted, encoded or password-protected. And given the global nature of business, it is even more likely that some of these encrypted documents will be written in foreign languages, which adds another layer of complexity to document processing and review.
As a result, organizations should develop a strategy to determine whether encryption will be an issue as early as possible in a case. It is also important at the outset to develop a process for handling these very complicated document sets when time is of the essence and when local privacy laws must be considered.
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.
Removing Restrictive Covenants In New York
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?