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Legal Tech: Winter 2019 E-Discovery Case Law Review
As a practice, e-discovery involves professionals from a variety of disciplines. For this case law review, we spoke with professionals who play different roles in the e-discovery process to identify three case law rulings from 2018 that stood out in the impact they have on how e-discovery is practiced today. The rulings in EPAC Technologies v. Harper Collins Christian Publishing, Waymo LLC v. Uber Techs, Inc., and Klipsch Group v. EPro E-Commerce all have the potential to cause organizations to re-evaluate their e-discovery processes to make sure they are complying with the requirements of the law.
Inadequate Legal Hold Process Leads to Sanctions
EPAC Technologies, Inc. v. HarperCollins Christian Publishing (M.D. Tenn. March 29, 2018)
The first line of defense against spoliation starts with your legal hold process. If that process has gaps, don't be surprised if data is inadvertently deleted like in this case.
Case Facts
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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.
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.
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.
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?