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U.D. Registry, Inc. Topples California Security Freeze Act
In a decision that may have repercussions throughout the United States, a California Court of Appeal has ruled that California's Security Freeze Act violates the First Amendment because it precludes the reporting of information contained in public records. The challenge to the Freeze Act was brought by U.D. Registry, Inc. ('UDR'), a company that maintains information on tens of millions of people in California and elsewhere, providing landlords and property managers with reports about prospective tenants. UDR had challenged California's freeze law, Cal. Civil Code '1785.11.2, as unconstitutional. The appellate court, however, also reversed an injunction that had completely barred the state from enforcing the law, and directed a new injunction be issued barring enforcement against UDR only.
Background
UDR collects credit-related background information about individuals, including unlawful detainer, foreclosure, bankruptcy, and tax lien data. It then sells these consumer credit reports to its members, including landowners, property managers, and others similarly situated. Obviously, UDR's members consider these reports in determining whether to lease real property to a prospective tenant, but the members agree in advance not to use the report for any other purpose or to disclose the information contained therein to others. UDR's reports may also include a record of all inquiries (all who have asked for the consumer's report in the last several years), a summary of the information containing credit reports obtained by U.D. Registry from the better-known consumer reporting agencies (Trans Union, Experian, and/or Equifax), and an unabridged report on all reported credit activities.
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?