Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Pitfalls In Personal Device Data Collection
Litigants increasingly face subpoenas or discovery requests for forensic collections of text messages. The increasing frequency of "bring your own device" policies creates serious implications for subpoena recipients and litigants to ensure compliance with these demands. And courts across the country consider such personal mobile data fair game. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
Entities should also review their policies to ensure that they prohibit conducting company business on personal devices and provide for the company's right to image personal devices if they do contain business communications. Both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have made it clear that they will look at company policies when assessing how to resolve matters under their purview.
Interview Custodians About Their Use of Personal Devices
Let's say Company X receives DOJ grand jury and SEC subpoenas seeking, among other things, communications about transaction Y. You are retained to represent the company in connection with responding to those subpoenas. In addition to issuing a broad litigation hold to all individuals potentially in possession of relevant documents and tangible things, you should meet with "key players" at the outset of the case to advise them of the duty to preserve and ensure proper collection.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.