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Business Crimes Hotline
Question on Appeal: Can Federal Prosecutors Reach Electronic Communications Abroad?
Microsoft is pushing back against the federal prosecutors who were given the green light by a Magistrate Judge to compel the company to turn over e-mail communications cached in Ireland in connection with one of their investigations. Microsoft claims the warrant, issued under the Electronic Communications Privacy Act (ECPA), is illegal because it seeks information from a foreign location that would not be directly reachable by a U.S. court. In its appellate brief to a New York federal district court, Microsoft asserts, “[T]he Government cannot conscript Microsoft to do what it has no authority itself to do ' i.e., execute a warranted search abroad.” The company added that if the warrant is upheld, it will “violate international law and treaties, and reduce the privacy protection of everyone on the planet,” and that nothing in the ECPA indicates that Congress had “any such intent” in enacting the law.
Question on Appeal: Can Federal Prosecutors Reach Electronic Communications Abroad?
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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?