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No-Match Letters: An Update
A hearing on whether to continue the temporary injunction of the Department of Homeland Security's new regulation regarding Social Security No-Match letters took place on Monday, Oct. 1, 2007 in San Francisco federal court. Judge Charles R. Breyer made his final ruling and issued a preliminary injunction preventing the government from enforcing the No-Match regulation.
Judge Breyer's Findings
In granting the motion filed by a consortium of labor unions and business groups, Judge Breyer found that the balance of harms tips sharply in their favor.
Judge Breyer recognized that the regulation would not only have 'massive ramifications' on how employers treat No-Match letters and impose a significant economic burden on employers, but there would be a 'strong likelihood' that it could lead to firings of employees who are actually authorized to work. Furthermore, the plaintiffs' claims raised serious issues including, but not limited to: whether the DHS rule conflicts with the statute; whether the rule is arbitrary and capricious; and whether the DHS and SSA exceeded their statutory authority.
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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?