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Federal Judges Survey Says '
Twenty years ago, few lawyers would have thought the notion of legal competency would come to include understanding and advising on technical issues surrounding the discovery of electronic information. In today's digital age, however, lawyers must be both legally and technically savvy to competently represent their clients. While this might sound like common sense, the reality playing out in today's courtrooms is that many lawyers are struggling to adequately advise their clients on e-discovery issues.
This reality was highlighted in a new survey published by Exterro in February, “Federal Judges Survey: E-Discovery Best Practices and Trends.” In the survey, we collected responses from 22 of the most influential and well-versed federal judges on e-discovery issues. The results and associated comments provide a stark view into the judiciary's views on e-discovery competency, e-discovery trends to be aware of in the future and the need for attorneys to improve their e-discovery acumen.
We had the distinct pleasure of having three of the participating judges, Chief District Judge Joy Conti (W.D. Penn), Chief Magistrate Judge Frank Maas (S.D.N.Y.) and recently retired Magistrate Judge John Facciola (D.D.C.), provide their perspectives on a recent Exterro webcast, “Federal Judges Panel: Avoiding 'Irreversible Mistakes' in E-Discovery.” Their comments and perspectives served to spotlight many of the issues addressed in the survey. This article highlights some of the findings.
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.