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The Impact of Cloud Computing And Mobile Devices On Litigation Holds
Lawyers may be tempted to gloss over yet another article about litigation holds and data preservation because they believe they already have the basics down. But the “basics” are a moving target and several developments from the past year merit reconsideration of company hold processes in 2015. Those developments focus on the importance of recognizing and addressing the new and dynamic forms of evidence that must be kept for litigation. As the recent cases of Brown v. Tellermate Holdings, No. 2:11-cv-1122 (S.D. Ohio July 1, 2014) and Small v. University Medical Center of Southern Nevada, 2:13-cv-00298-APG-PAL (D. Nev. Aug. 18, 2014) demonstrate, a company's litigation hold process might not be defensible unless appropriate steps are taken to preserve relevant information stored with cloud computing providers and maintained on mobile devices.
Preserving Data In The Cloud
In Brown, the court addressed the need to preserve and produce relevant information stored in the cloud. The plaintiffs sought various categories of data from their former employer in order to substantiate their age discrimination claims. In particular, the plaintiffs ' who previously worked as sales representatives at the company ' requested that their former employer produce sales records maintained by cloud provider Salesforce.com to establish that they either met or exceeded their sales quotas as compared to younger employees.
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?