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New Trends for Managing Privilege In e-Discovery
As any corporation or law firm will attest, the cost of litigation continues to rise and with it the need to identify efficient solutions while maintaining transparency and defensibility. Document review, specifically, has long burdened litigation budgets; however, recent trends in the acceptance of technology integration and more advanced managed review workflows is taking root in the legal landscape. Litigation teams have been tasked with striking the right balance between identifying creative solutions to reduce these budgetary concerns while delivering high quality and defensible work product.
Federal Rule 26(b)(5) governs privilege disclosure during the discovery process by allowing the claiming party to withhold privileged information so long as: 1) a claim is expressly made; and 2) the nature of the documents are disclosed in a manner such that the adverse party is able to assess claims for privilege without being provided access to the underlying sensitive information. This mechanism is commonly referred to as a privilege log. Traditional privilege logs can generally be defined as a log of responsive data to be withheld on the grounds of privilege where the following information is provided: custodian, recipient list, communication date, subject and a privilege description/assertion.
Below we will touch on the burdens of traditional privilege logs and also alternatives to consider.
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.
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.
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.
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?