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<b><i>e-Discovery and Security</b></i> The Inevitable Reinvention of the e-Discovery Industry
The e-discovery industry is on the precipice of major change yet again, and this time it is all about security. What will distinguish the winners from the losers in the next few years will be an organization's ability to do one of three things: consolidate, innovate or reinvent.
Consolidation is clearly the strategy of larger service providers like DTI, Epiq and Consilio, which now sit atop the “revenue castle” as the biggest players in the space. Innovation remains a viable option, especially for up-and-coming companies with proprietary cloud technology like Everlaw's Disco, Driven's One or Logikcull.
The innovation angle may be more challenging, however, for middle-market e-discovery vendors (roughly $30-$60MM/year), which do not want to sell to larger companies and are entrenched in Relativity service. These providers, as well as some law firms who still use Relativity to generate profit for the firm, are wisely fearful of what kCura directly offering “a Relativity license through kCura using Microsoft Azure to deploy on a cloud infrastructure” will do to their businesses. A third option for growth (or survival) is reinvention.
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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?