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The Case Against Native Application Review of e-Mail
Cost conscious lawyers and clients sometimes choose to conduct pre-production review of client e-mail in a native e-mail application. They use an installed application like Microsoft Outlook or an internet e-mail program like Gmail. Their goal is to cut e-discovery costs by avoiding the data processing and data hosting fees associated with using a dedicated EDD database review tool. Unfortunately, native application review brings with it risks of spoliation and malware infection. Second and equally important, EDD review tools offer substantial advantages in review efficiency, searching, privilege review, and e-discovery process documentation. This article gives 10 reasons to use an EDD review tool instead of native application review.
A Little Technical Background
Depending on the type of e-mail program at issue, an e-mail account can be reviewed natively by accessing the account directly on the client's PC or by using the client's Web log-in credentials, as appropriate. More often however e-mail is first copied as part of e-discovery data collection. For purposes of this discussion, there's no pertinent difference between e-mail data collected from installed applications like Outlook versus Internet e-mail accounts. The e-mail mailbox ' messages and attachments, calendar, contacts, etc. ' is exported or downloaded and then saved in an e-mail container file. (To provide a reference point, it's similar to creating a .ZIP file to bundle multiple Microsoft Office documents.) In this scenario, the reviewer opens the container file using the e-mail software, usually Microsoft Outlook that is installed on his or her PC or firm network.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.