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Structured Data e-Discovery
Courts are increasingly ordering counsel to identify and produce information beyond traditional e-mail and loose files. Whether its employee and payroll data related to a wage and hour dispute or trade data related to a market manipulation investigation, understanding the Electronic Discovery Reference Model (EDRM) as it relates to increasingly larger volumes of structured data has never been a more critical e-discovery capability. Structured data repositories, whether live or deactivated legacy systems, reside behind all corporate firewalls. This structured information is often complex and no two repositories are the same. A forensic examiner may encounter complex data models, encrypted fields, and highly customized, proprietary or third-party systems which may make data retrieval difficult. As a result, collection, processing and hosting methods are unique to each case and dictated by the structured data relevant to the matter.
Structured data is electronically stored information (ESI) that is organized and stored in a structured format, often in a database, mainframe or other repository. This article outlines some key differences between structured and unstructured e-discovery processes, structured data challenges, and key considerations that lead to accurate productions in a cost-efficient manner.
Identification
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?