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Case Notes
Plaintiff Unsuitable As Face of Background-Check Suit
A California federal judge turned down an aspiring nursing student's putative class action, alleging she lost out on a training program because of an improper background check, and deemed her unqualified to serve as class representative because of her run-ins with the law.
Astrailia Dunford had accused American DataBank LLC of contributing to her rejection by San Diego City College's nursing program because its pre-employment screening firm reported, along with seven mostly misdemeanor criminal convictions, several old charges against her that had been dismissed. As sole plaintiff, her complaint, Dunford v. American DataBank , filed in June 2013 in U.S. District Court for the Northern District of California, alleged the inclusion of the time-barred dismissed charges violated the Fair Credit Reporting Act.
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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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.