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Legal Tech: Summer 2020's Most Interesting E-Discovery Cases
For years, e-discovery professionals have attempted to develop defensible processes for text messages and social media information. Thanks in part to the proliferation of ephemeral social media and communication apps like WhatsApp and Snapchat, attorneys and clients alike have had difficulty in determining just how to best go about preserving these types of data.
In this quarter's Case Law Review, we'll take a look back at recent rulings regarding deleted social media posts and deleted text messages that opened the door for potential spoliation sanctions — and that could have been avoided had counsel been more proactive in defining their preservation strategy — as well as more evidence that U.S. discovery rules will usually trump foreign privacy laws.
Social Media Posts: The New E-Discovery Battleground
Qandah v. St. Charles County E.D. Mo. April 2, 2020
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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.