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AI-Generated Content, Deepfakes and New Data Push the Limits of Civil Procedure
The line separating reality from artificiality is more blurred than ever. The development of machine learning and artificial intelligence has produced several exciting but troubling phenomena. Specifically, that machines are currently producing completely new forms of content and data that may be leveraged to produce sophisticated deepfakes that strikingly resemble actual people.
Until very recently, the e-discovery process of finding, preserving and analyzing electronic information to uncover facts was centered on two broad types of information: user-generated (email, documents, chat messages, etc.) and systems generated (operating systems data, application logs, etc.). Long-established rules and processes exist for how these groups of electronic information are filtered and handled during discovery. These ensure that discovery, review and document productions are focused only on the individuals, timeframes and activities relevant to the matter at hand. That said, the emerging data sources — such as Slack, WhatsApp, Microsoft Teams and other cloud sources — that have come into this realm have created numerous challenges across evidence preservation, collection, analysis, review and production.
In addition to rapidly evolving complexities with emerging data, what about the wholly new data that's not user or system generated, but rather AI generated, either entirely by algorithms or in tandem with human input? How will traditional tools and techniques need to adapt to handle new data challenges that have never been encountered by digital forensics specialists or lawyers?
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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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.