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Data Breaches: Why Prevention Isn't Enough
Cyberattacks and data breaches are an all-too-common fact of modern business. The news is full of stories about major U.S. banks and retailers being hacked, and the perpetrators are stealing the financial and personal information of clients, customers and others. While the masterminds and motives behind such attacks are not always immediately apparent, one thing is clear: Counsel must understand that traditional network security approaches are no longer enough. Firewalls and intrusion-prevention systems have become mere nuisances for determined hackers. In many instances, the malware and method of attack are more sophisticated than normal preventative measures can account for. This means that companies must accept the fact that data breaches could happen to them, regardless of the strength of their protective approaches.
That's why it is more important than ever that organizations be prepared to respond to a data breach. When asymmetric attacks occur, companies and institutions need to respond effectively, and the legal department must be closely involved. It should be proactively planning and thinking about many different issues. What kind of incident response plan should be in place following a breach? What should be included in the plan? Who should execute the plan? What is the proper blend of legal and IT responsibilities? How will the company respond to the inevitable lawsuits and investigations that follow?
Counsel needs to take proactive measures to ensure that they ' and their clients ' will be ready in the event that a data breach occurs.
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.
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.
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.
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?