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e-Commerce Attorney-Client Privileged Records Have a Right to Die Too
e-Commerce records may have less legal protection from disclosure than traditional commerce records ' a situation that might cause some concern for e-commerce company principals, their counsel and customers ' even after the companies, and the law firms representing them, no longer exist.
Traditionally, the forced disclosure of attorney-controlled confidential client records for the stated purpose of disclosure to the general public is unprecedented. But the U.S. Bankruptcy Court's Aug. 9, 2006, order of the abandonment of e-commerce records contradicts traditional protections afforded to attorney-client records (United States Bankruptcy Court Northern District of California San Francisco Division, case number 03-32715-DM7).
The court order is contrary to the expansion of principles relating to the attorney-client privilege that has occurred during the last 30 years. It's also contrary to recent trends toward protecting the privacy of individuals.
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?