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Legal Tech: Cases Highlighting Judicial Discretion in Ordering E-Discovery Sanctions
Three cases from the summer of 2018 reinforce some of the key themes of recent e-discovery case law: the ubiquity of electronically stored information (ESI) including social media in civil litigation and the continuing evolution of courts' interpretations of FRCP 37(e). Rulings this June and July in the cases of Hinostroza v. Denny's Inc., Lawrence v. City of New York, and In re Methodist Primary Care Grp. demonstrate the broad discretion judges have — both in allowing or limiting discovery and imposing sanctions — as well as the fact that attorneys must understand and act based on both federal and state rules.
Court Grants Request to Produce Social Media Data, Orders Supplementation Regarding FitBit Data
Hinostroza v. Denny's Inc. (D. Nev. June 29, 2018)
In the past, social media and other new data types (i.e., activity tracker information) have not been widely requested in e-discovery activities. With increased social media use, however, that is changing, and processes should be in place to preserve and produce this data, especially in a world becoming more dependent on social media and new data types for communicating and tracking analytics.
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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.
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.