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Security Breach Responses — As Important and Difficult As Ever
Somewhere today at least one data security breach is likely to happen. It might not have been publicized and may not have involved millions of records, but there is no doubt it will happen. That is because cybercrime remains one of the most common crimes in the world, and non-criminal exposures are fairly common as well.
According to Verizon's 2018 Data Breach Investigations Report, there were 2216 confirmed data breaches in 2017 — that's more than six per day. Whether it is a 24/7 bots testing cyber defenses, employees falling for phishing schemes, misuse by service providers or business partners or traditional employee or competitive theft, the question for most companies is not “if” a breach will happen but “when” — or when will it happen again?
CIOs and GCs lose a lot of sleep worrying about thefts of the family jewels — customer and other confidential information. Other C-Suite execs might lose some sleep too, since a breach can have an adverse impact on a company's goodwill or stock price. Yahoo lost $350 million in value after the disclosure of two major breaches, and Altaba (formerly known as Yahoo) recently agreed to pay a $35 million fine to settle an SEC claim that Yahoo unreasonably delayed in disclosing a security breach.
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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.