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Third Circuit Weighs Novel Cybersecurity Case
Five years ago, Russian hackers broke into the Wyndham Hotels computer network and stole the credit card information for thousands of customers, a security breach that has now put the novel question of whether the Federal Trade Commission (FTC) can sue a company for failing to properly secure its data in front of the Third Circuit.
After the FTC filed a suit against the hotel chain, invoking its authority under federal law to patrol unfair business practices, Wyndham responded that its cybersecurity system is outside the realm of the FTC's regulatory reach. Beyond that, Wyndham argued, the FTC hadn't given notice about what the law would require with regard to corporate data-security practices.
Wyndham lost its motion to dismiss in the District of New Jersey and filed an interlocutory appeal with the U.S. Court of Appeals for the Third Circuit.
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?