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Coping with Evolving Cybersecurity Rules
Cybersecurity and data protection, more than ever, are priority items for the government and private sector. The government's interest is to protect the country from a cyberattack that will cripple the economy or critical infrastructure. The private sector's interest is to protect its products as well as the safety of its customers' financial and private data. Recent high-profile data breaches exposed vulnerabilities in the safety of our country's consumer data, which is the bedrock of the rebounding economy, resulting in millions of dollars in damages.
The government has reacted by proposing legislative “fixes” that would require organizations to satisfy basic levels of cybersecurity protection and disclose breaches or face fines. Whether a mandatory compliance model for cybersecurity will be effective given the rapid pace by which technology advances is unclear. It may be unrealistic to expect the government's legislative pace to keep up with hackers.
Another complication that affects the efficiency of solutions is the question of who should regulate and enforce cyber law. To date, federal and state governments have been able to share jurisdiction over cybersecurity and data protection without much controversy, albeit with some inefficiency. However, this shared jurisdiction may be getting more complicated as federal agencies, such as the Federal Trade Commission (FTC), try to take a bigger role.
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?