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Top 10 Issues for the E-Commerce Practitioner
As use of the Internet continues to grow, more e-commerce legal issues are confronting attorneys and their business clients.
What follows are the Top 10 legal issues counsel should be prepared to address as their clients expand their business into cyberspace.
Personal jurisdiction. Counsel must determine and try to control where their clients' business can be sued and what law will apply as a result of their e-commerce. Courts will apply a variety of factors to determine whether jurisdiction can be obtained in an e-commerce matter. For example, if the Web site is actively doing business in the jurisdiction (ie, buying and selling), then personal jurisdiction is generally found. If the Web site is only an information exchange and register, then jurisdiction depends on the level of interactivity and commercial nature of the exchange of information. Finally, if the Web site only provides information to entities in the jurisdiction, then courts will generally not find jurisdiction.
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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?