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Uniting Legal, IT and Records Management
When organizations discuss electronically stored information (ESI), it almost always revolves around three core groups: legal and/or compliance; records management; and, of course, IT. These individuals are the lucky few whose daily routines center on the management of that information. Despite the fact that they all are responsible for important business functions associated with this data, they are seldom on the same page. How do we communicate and collaborate better to ensure we all get along when it comes to better information management and e-discovery processes?
Part of the reason e-discovery is challenging is due to its ad-hoc nature. Requests routinely arise without prior warning and, in many organizations, personnel dedicated to performing e-discovery are a luxury. Consequently, when a request arises, it can become a major interruption that delays or adversely impacts other planned projects. Whether the need to search for ESI is being created by a pending litigation, Freedom of Information Act request (FOIA) or some other directive, the process is frequently time sensitive and often onerous, which makes the importance of a team even greater.
My colleague at Sherpa Software, Rick Wilson offers the following tips to building a collaborative e-discovery team that come straight from our customer's best practices.
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.
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?
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.