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Advising e-Commerce Business Startups: Beyond the Crib Sheet
(Editor's Note: This month, in the second part of a two-part article, our expert author examines some more issues that e-commerce counsel should pay particular attention to when advising e-commerce startups, particularly small, single-entrepreneur or small-group driven Internet-based storefronts. See the March edition of e-Commerce Law & Strategy for Part One. For continuity, we start by summarizing Part One.)
The legal risks associated with operating an online business are largely hidden to many people who are lured by the dream of making their fortunes with the apparent ease of opening a virtual storefront.
But the risks of setting up a virtual storefront ' an e-commerce venture ' can exceed those of operating a real-world, bricks-and-mortar business, where relationships with consumers are often based on tangible items.
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?