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2015 Trends: Balancing Judicial vs. Corporate e-Discovery Practices
The changing data landscape and prevalence of new data sources continues to impact how e-discovery is addressed. I had the opportunity to discuss these impacts with Andrea D'Ambra, senior counsel for Norton Rose Fulbright, as part of a recent webcast, “2015 Litigation Cost and E-Discovery Trends.” We compared and contrasted findings from Norton Rose Fulbright's Litigation Trends Annual Survey (http://tinyurl.com/mdknhfw) of in-house counsel and Exterro's 2015 Federal Judges' Survey on E-Discovery Trends and Best Practices released last February. Following are the takeaways we discussed.
Litigation Costs Are Rising
In the Norton Rose Fulbright Study, there was an 8% increase in respondents with budgets from $1'$5 million compared to 2013, with 25% of the respondents believing litigation disputes will increase in the next 12 months (incidentally, 73% of our webcast attendees agreed that litigation frequency is going to increase over the next 12 months). See, Figure 1 below. According to D'Ambria, companies are facing higher litigation costs and are budgeting accordingly. Company expansions, mergers and acquisitions, existing disputes that had not ripened to litigation and high-profile settlements are all contributing factors, she said.
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.