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Identity Theft
Recent high-profile data breaches of online retailers, banks, government agencies, and data brokers have exposed the vast potential for damage to consumers when their personal information is illegally sold or inadvertently released into the public domain. Ironically, these breaches have occurred despite the existence of comprehensive federal and state legislative schemes aimed at safeguarding personal data.
Federal legislation passed during the past several decades has sought to protect personal information housed in both government agencies and private corporations. These statutes include the Privacy Act, Gramm-Leach-Bliley Act, Truth in Lending Act, Health Insurance Portability and Accountability Act, Drivers Privacy Protection Act, Video Privacy Protection Act, Electronic Communications Privacy Act, Cable Communications Policy Act, Telephone Consumer Protection Act, and the Fair Credit Reporting Act ('FCRA').
Yet, despite the increase in regulation and monitoring, recent statistics demonstrate that identity theft and consumer fraud continue to occur unabated. According to the Federal Trade Commission ('FTC'), identity theft complaints represented nearly 37% of the 686,683 complaints filed with the commission in 2005. Notably, identity theft complaints comprised a greater percentage of complaints in previous years. The total number of complaints, however, is steadily increasing. The FTC estimates that identity theft complaints filed with the commission have grown from 215,177 in 2003, to 246,847 in 2004, to 255,565 last year.
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?