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Product Safety and Recall in the U.S. and EU
This article considers the different approaches that lawmakers in the European Union and the United States have taken to ensuring the safety of consumer products put on the market in their jurisdictions. We address the obligations placed on manufacturers and others in the supply chain in the EU and U.S. (including obligations to recall dangerous products), and penalties for failure to comply, including litigation consequences.
Product Safety and Recall in the European Union
The General Product Safety Directive (2001/95/EC) (or GPSD) sets EU level rules on safety of consumer products, which the governments of each member state are required to implement in national law. The GPSD defines what products are “safe,” orders manufacturers and distributors not to place unsafe products on the market, and requires them to take corrective steps if they find they have done so.
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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?