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Filtering Through Regulatory Compliance
The advantages of doing business in a digital economy — paperless transactions, instant communication, effortless administration and reaching out across borders to far-away locations to collaborate with partners in a virtual community — are precisely the risks of doing business in a digital economy.
Because of the increased value of information, and because of the tangle of regulations that exist to prevent information abuse and manipulation, companies are finding that much of what was once simple in e-commerce is now complex. Transferring data across the globe may run a company afoul of European data-protection laws, and, closer to home — and with direct bearing on other members of the global virtual business community — sorting information must be done in accordance with the rules laid out in regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Fair and Accurate Credit Transactions Act (FACTA).
The Gramm-Leach-Bliley Act (GLBA) outlines how a company must handle a consumer's financial data, and for any company doing business with California residents, it seems there's a new law added to the books each week. Sarbanes-Oxley (SOX) dictates how companies are to communicate corporate information and, when an organization adopts a corporate privacy policy, the Federal Trade Commission (FTC) will be paying close attention to make certain the organization follows that policy.
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?