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Nine Key Steps In a Proactive Cybersecurity Review
Imagine you are the manager of a bank that has just been robbed. The police gather evidence from the crime scene to try to identify the robbers. Then a federal official arrives to advise that you're being fined for not doing more to prevent the theft. Then some state officials arrive to say that they're fining the bank too, because some of your customers were residents of their states. Then you learn that you're being sued by the customers whose money was taken.
For many companies in the United States, this scenario is playing out with increasing frequency following breaches in cyberspace. Securing your company's network and protecting your valuable data is difficult enough in today's Internet-driven economy. But to be treated by regulators and courts like an accessory to the crime after you've been hacked is truly adding insult to injury.
Or rather, adding injury to injury. Because defending your company against enforcement actions and class action litigation places financial burdens on the company at a time when it is coming to terms with the reputational and economic damages inflicted by the attack ' and paying the costs associated with protecting customers.
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?