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Most law firms now proudly proclaim that they have implemented efficient and secure document management systems, systems in which they have invested significant dollars and even more in “sweat equity.” The end goal of these systems is to ensure that all documents are stored securely, and perhaps more importantly, can be found quickly and easily.
Lawyers are well educated in the 'Google-like' search philosophy where all you have to do is type words or phrases into a Document Management System (DMS) search engine, and documents containing these words on the page or recorded in the metadata (client name, matter number, and so on), will be found. The reality, however, often comes as a shock to lawyers and to IT staff that this is often not the case.
What many may not realize is that 'image-based documents' in a DMS are not searchable. Of course, if you saved the image document with the correct client or matter details, then you will be able to find it. However, trying to search for the document based on a word or a phrase in the document will be futile as there is no text on which to search.
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 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.
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.
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?
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.