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To Correct or Not Correct Misinformation in Social Media
In June 2014, the Food and Drug Administration (FDA) issued a draft guidance document, “Internet/Social Media Platforms: Correcting Independent Third-Party Misinformation about Prescription Drugs and Medical Devices.” While the draft guidance is not legally binding, it offers insight into the FDA's expectations and issues for industry to consider as it continues to develop social media campaigns. The draft guidance indicates that the FDA will not hold responsible companies that choose to correct (or not correct) third-party misinformation. However, companies should consider the implications of whether or not to correct misinformation.
This article briefly summarizes the draft guidance and offers issues to consider. The article is not intended to make recommendations in a vacuum, as each case is fact-specific. However, it is hoped that describing the issues will allow companies to make educated decisions.
Defining Control
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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.
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?
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.