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e-Discovery In An Information Governance World
Electronic discovery experts continue to put an emphasis on recognizing e-discovery as part of a complete information governance (IG) solution. Although this focus may be novel for e-discovery specialists, the management of corporate information at an enterprise level is far from new; in fact, organizations of all sizes have been employing strategies to deal with data management well before electronically stored information (ESI) subsumed its hardcopy counterparts. Yet, despite its ubiquity, many professionals who have a solid grounding in electronic discovery struggle to understand how it falls into the broader world of information governance. e-Discovery actually relies on effective information governance policies for trouble-free collection, processing and production.
In the widely used Electronic Discovery Reference Model (EDRM), the far left step has always been information management. The EDRM assumes that an organization involved in e-discovery has implemented at least minimal information governance principles, and has created its own Information Governance Reference Model (IGRM) framework to help clarify these principles.
This focus is important to the EDRM because the ease of electronic data discovery is highly dependent on a stable IG framework. The processes, tools and procedures in place for the effective administration of corporate information will also facilitate the identification and collection of data for litigation or investigation.
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?