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Unmanned Aircraft Opportunities and Risks
Unmanned Aircraft System (UAS) technology has reached critical mass. There are now very sophisticated aircraft that are easy to fly, cost less than a new television, and have the ability to record and broadcast video and other data. YouTube is full of videos showing UASs doing everything from delivering beer to recording events to videotaping real estate and natural attractions. While this may sound like a classic American success story, there is a fundamental problem: Most of this activity is illegal in the U.S., with no formal rules beyond a blanket prohibition on commercial operations. An additional challenge is predicting how existing tort laws will be applied to UASs. This article addresses both sets of issues.
Regulatory Landscape for Unmanned Aircraft Systems
The Federal Aviation Administration(FAA) has made it clear that all “commercial” UAS operations are prohibited absent special permission. This has led to the mistaken impression that if a UAS flight is made without money changing hands, then it is permitted. This is incorrect. The FAA recently clarified that when it indicated “commercial” operations are banned, it meant that UASs could be used only for “hobby or recreational” purposes. Docket No. FAA-2014-0396. Under this interpretation, a flight for any purpose other than enjoyment of flying the UAS is not allowed. Even charitable groups offering assistance with search and rescue efforts run afoul of this rule, despite the fact that the flights are performed by volunteers and no profit is made. See Texas Equusearch v. FAA, Docket No. 14-1061 (D.C. Cir. 2014).
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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?