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Legal Tech: Spring 2020 E-Discovery and Privacy Case Review
The first quarter of 2020 saw the first of what promises to be many cases involving new privacy laws — including the EU's General Data Protection Regulation (GDPR) making its way into a U.S. e-discovery dispute. Heading into the year, a majority of Legal Departments suspected that e-discovery would become more complex with the launch of the U.S.'s California Consumer Privacy Act (CCPA), but polling shows that a majority of global organizations are still struggling to comply with the GDPR — which launched more than two years ago. With that in mind, this quarter's review will take a look at data in three formats: text messages, paper records and overseas email disputes.
Requests for Text Messages Must Be Narrowly Tailored
Lawson v. Love's Travel Stops & Country Stores, Inc. M.D. Penn Jan. 9, 2020
With a continued focus on requesting text messages during discovery, courts are asking parties to narrowly define their requests.
In this Fair Labor Standards Act case, the plaintiffs requested that the defendant produce text messages from company issued cell phones assigned to the defendant's supervisors. The defendant opposes for two reasons: 1) Plaintiffs made an untimely request for this data; and 2) The request was not relevant or proportional to the case.
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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.
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?