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Cost Savings As a Risk Management Strategy
Since the active use of the term risk management, perhaps sometime in the 1980s, I have thought of the confluence of risk and management as an oxymoron. Management is the art of getting control of things and making them orderly and easier to understand; risk defines the flowing river of uncertainty. One may be able to foresee or anticipate risk, if enough pieces of information are available, but risk management can only occur when the risk is known and takes on visible properties. This is a technicality, perhaps, but since most applied risk management falls to the technical staff of law firms, the IT department, it is worth looking at an area of risk that contains some attainable management opportunities by reducing its unknown quantities.
Common to all risk is the failure to foresee. Projecting and predicting are possible, but only if risk is anticipated and the specific cells in the mental spreadsheet, so to speak, are not yet real numbers. Based on what we know from the past and the proper identification of variables, risk can be anticipated and the effects of anticipated risk can then be quantified as well.
Personnel Cuts?
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.