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Legal Tech: Summer 2019 E-Discovery Case Law Review
When requesting and preserving data, it can be difficult to know the proper legal balance between "too much," and "too little." Given all the types of data available to litigators, including social media (forget Facebook — how's your Snapchat account looking lately?), many might simply request as much data as they possibly can … and potentially have their motion rejected. While this "Goldilocks zone" for requesting and maintaining case-related data can be somewhat difficult to find, as the defendants in the following three cases from earlier this year discovered, the best advice can be drilled down to three main concepts: Make sure it's specific/relevant to the case, proportional to the amount available, and be sure to preserve your data once litigation becomes reasonably foreseeable.
Specificity Required When Objecting to Discovery Requests
RightChoice Managed Care v. Hospital Partners, Inc. (W.D. Mo. Feb. 1, 2019)
Don't waste the court's time by objecting to discovery requests with boilerplate language. This case reaffirms the fact that courts want specific and tailored responses to discovery requests.
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.
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.