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In recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.
Burdens on corporations, especially multinational ones, related to e-discovery continue to grow both with respect to litigation and stepped-up regulatory agency actions. Adding to this problem is the yearly double-digit growth in of unstructured ESI and the challenge of locating it in the corporate information ecosystem.
Courts are well educated on advancing technologies, like early case assessment (ECA), legal hold software and predictive coding, as a means to control costs (proportionality), demonstrate reasonableness (transparency) and be more prepared for negotiations (cooperation). Yet, when looking at Fortune 1000 corporations for legal holds alone, Huron Legal estimates that only 300 to 350 organizations are taking advantage of technology to automate their processes.
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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.
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.