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<i>Caveat Amicus</i>
Identity theft has emerged recently as one of the greatest customer risks in e-commerce. Certainly, no one will shop or do business at a site if he or she feels personal and financial information isn't secure on that site.
But the truth of it is that from the dawn of the e-commerce era, the identity of the 'other' person in a deal has always been an unknown risk. The identity of the person requesting a customer's personal information, whether the sender of a marketing e-mail or the owner of an e-commerce Web site, may never really be clear, even to those who read the fine-print terms and conditions in disclosures and contracts.
Although consumer advocates, government agencies and e-commerce trade groups have for years advocated caution when people shop online (see, for example, http://www.bbbonline.org/, http://www.safeshopping.org/ or www.ftc.gov/bcp/conline/edcams/holiday), in practice, most of us may just stick to established sites that we trust. This caution that gives online users peace of mind lets the Amazon.com's of the world prosper, but makes it harder for newer sites to comfortably maneuver into a lane and niche of their own on the Information Superhighway, unless they pay for a certification service ' and customers may not trust that, either. In other words, people patronize the sites they trust. When it's so easy for a seller to allow its online identity to be verified, why should customers do business with someone whose identity may cause them concern?
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?