Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Information Security
The story of North Korea allegedly hacking into Sony's IT infrastructure and sending Sony a threatening e-mail that led it to cancel the distribution of a new film, The Interview , a comedy-adventure film about two Americans who land an interview with North Korean leader Kim Jong-un, dominated the news as 2014 winded down. At the time of this writing, the United States was contemplating what action to take in response, and President Obama, who compared the Internet to the “Wild West,” called for international cooperation in forging agreements and creating agencies to police Internet conduct around the globe.
Since there has been, for the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients with regard to e-discovery and other vendors that house firm data and within the firms themselves, InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we get further into 2015, we can be sure that the issue will only grow. With that in mind, a look at some recent changes to California's law regarding duties that arise when a party (think here an e-tailer ) receives data personal to another party (think typical electronically stored information), segues into a more general discussion of the e-tailer's obligations regarding InfoSec.
The California Law
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?