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The EU 'Right to Be Forgotten' Judgment
When the European Union's highest court, the European Court of Justice, handed down a controversial landmark ruling in a matter commonly referred to as the “right to be forgotten” case, it sent ripples that impact online privacy in the United States. The core of the case concerns the obligations of search engine operators under the EU Data Protection Directive. But at a wider level, the ruling's ramifications go beyond the EU, as it imposes extra-territorial privacy obligations on U.S. businesses. Counsel for e-commerce organizations therefore need to be aware of the legal compliance impact that it may have on U.S. businesses.
Background
The background to the case is straightforward enough. In 2010, a complaint was lodged by a Spanish national, Mario Costeja Gonz'lez, with the Agencia Espa'ola de Protecci'n de Datos (“the Spanish Data Protection Agency”) against La Vanguardia Ediciones SL (“La Vanguardia”), a Spanish newspaper publisher, and two companies, Google Spain and Google Inc. Costeja Gonz'lez was unhappy that when Internet users entered his name into the Google search engine, the list of results would display links to two pages of La Vanguardia dated January and March 1998. Those particular two pages contained an announcement for a real-estate auction organized following attachment proceedings for the recovery of social security debts owed by Costeja Gonz'lez. According to Costeja Gonz'lez, these proceedings had been fully resolved a number of years ago and so reference to them was now consequently entirely irrelevant.
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.
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?