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Legal Battle Plans
Cyber security incidents are rising very rapidly. The growing number of serious attacks on essential cyber networks is one of the most serious threats the U.S. faces. See, “Report Cyber Incidents,” DHS.gov (last visited Oct. 11, 2013). One of the critical controls relating to cyber security incidents is the implementation of effective cyber security incident response plans. (The SANS Institute has published 20 critical security controls. See, “Twenty Critical Security Controls for Effective Cyber Defense,” SANS.org. See specifically, “Critical Control 18: Incident Response and Management.”) Without an incident response plan, you may not discover an attack in the first place, or, if the attack is detected, you may not follow proper procedures to contain damage, eradicate the attacker's presence and recover in a secure fashion. Id . This article recommends that legal battle plans be developed and maintained as a critical part of your cyber security incident response plans.
Be Prepared for Quick Action
Legal battle plans are rapidly becoming an important part of a comprehensive information security program. These battle plans should be viewed as a critical component of your incident response plans. In today's information security environment, you need to react quickly and thoroughly to security breaches. Companies need to establish procedures to ensure a quick, effective and orderly response to such incidents. When an adverse event occurs, you are not going to have time to study your options. You will already be in trouble. You should prepare well ahead of any possible incidents so you can respond quickly to minimize damage and legal exposure.
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?