Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Betting on Litigation
Lawyers today seem to be the favorite butt of jokes. Perhaps the only thing businesspeople like less than lawyers is the ordeal of going to court. Certainly, the perception among many is that American lawyers 'sue first, (and) ask questions later' ' to the tune of an average legal bill of $20 million per year for litigation for major U.S. corporations, according to a recent survey (see, http://houston.bizjournals.com/houston/stories/2006/10/09/daily16.html).
Ironically, technology is playing a role in nurturing this inaccurate perception at a time when lawyers more than ever need technical savvy ' especially those involved ever more in advising e-commerce ventures. A simple Google search reveals many Web sites that perpetuate the 'sue-first-question-later' myth (see, eg, www.mediationtools.com/articles/suefirst.html or www.princeton.edu/~innov/may2004/m2004viewpoint.htm). A university scholar has even published a book about lawyer jokes (www.amazon.com/Lowering-Bar-Lawyer-Jokes-Culture/dp/0299213501).
Yet, these stereotypes aside, our judicial system often benefits the winner of a race to the courthouse, with the prize being the winner's choice of venue and procedural advantages. And this reflects on society at large. Culturally, we praise the person who appears ready to fight, rather than to negotiate out of one, by teaching schoolchildren Teddy Roosevelt's famous policy, 'Speak softly and carry a big stick,' among other slogans of aggression.
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?