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Franchise Industry Must Tackle Privacy
Consumers are growing more sensitive about the privacy of their financial information, and franchisors are no different than other businesses needing to become more attentive to protecting customer data. 'Information privacy and security is one of the most fast-paced and constantly changing areas of the law today,' stated Kirk Nahra, chair, Wiley Rein & Fielding's privacy practice, in a conference call on April 20, targeted specifically to the privacy challenges that franchises face.
Laws regulating privacy are not uniform at the moment, with the financial services and health care industries operating under specific rules written for them, but most other industries covered by broad fair practices rules in '5 of the Federal Trade Commission ('FTC') Act and state laws. As incidents of privacy breaches have become more common, the FTC and state lawmakers have taken stronger steps to combat the problem.
Earlier this year, the FTC created a new Division of Privacy and Identity Protection in the Bureau of Consumer Protection. 'It is not very common for FTC to create a new division, which says a lot about the priority it places in this area,' said David Koch, chair, Wiley Rein & Fielding's franchise practice. The new FTC division has 30 professionals, he said, in contrast with the single professional who is dedicated to franchise issues. 'The bottom line is that if you are worried about [running afoul of] the Franchise Rule or privacy laws, the latter is more likely.'
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.
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.
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.
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?