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Discovery Concerns In Blockchain Litigation
The increased use of blockchain technology and, in particular, cryptocurrencies, has given rise to a variety of disputes, including government enforcement actions and private litigation. Substantive issues regarding the offer, sale and trading of digital tokens are coming before the courts, prompting novel discovery questions in these cases.
Blockchain technology, which has spread to the entertainment industry including for royalty revenue determinations, is a distributed ledger system that allows for the creation of secure and presumably immutable records. Certain blockchains are public and permissionless, allowing anyone to join, while others are private and only accessible by permissioned users (e.g., banks). To date, most applications of the technology have been to record transactions, including those involving digital assets such as cryptocurrencies.
Depending on the circumstances, some digital assets may be subject to regulation by the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the U.S. Treasury Department, federal banking regulators, and/or state and foreign regulators.
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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
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Removing Restrictive Covenants In New York
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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.