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The electronic format that electronically stored information (ESI) is produced in is a necessary component of e-discovery. This article offers a primer on production format issues by diagramming a template request in order to explain both the technical meaning and practical significance of the terms.
Too many litigators take a hands-off approach to production format requests. Some delegate writing the request to litigation support staff or the e-discovery vendor. Others reuse the same generic template in every case, while some lawyers even try to avoid the issue altogether by leaving the production format to the opposing party's discretion.
At first glance, the technical language used in production format requests might seem to justify at least the first of these approaches. It's certainly true that it's important for lawyers to collaborate with their technical support team in drafting format requests. It's critical that the production meet the technical specifications of the document review database. In addition, e-discovery professionals are a valuable knowledge resource in dealing with non-standard ESI data types. In a similar vein, templates are a convenient, time-saving tool when properly used as a starting point for drafting a request.
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.
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.
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?