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Avoid Drowning in Data
In the era of almost daily news accounts of massive retailer credit card data, employer human resources data, and health care provider patient medical data security breaches, the legal and business imperative for data and data system protection needs no explanation. Suffice it to say that privacy and data security are increasingly regulated and the topic of litigation. Data is also a rich source for evidence in litigation and, for many companies, a valuable asset. What is less apparent, however, to many lawyers, business people, and even information professionals, is exactly how to properly manage information and its privacy and security. However, over the past several decades, frameworks, standards, and best practices have been developed for establishing and managing a comprehensive privacy, data protection and information governance program. This article summarizes those learnings to suggest an approach for how to design and run a program that is right for your company.
Program Elements and Framework
For any privacy, data protection, and information governance program to be effective, it requires a multi-disciplinary effort with a mandate from the Board and C-suite, and ongoing assessment and maturement. What is legally required, cost beneficial, and otherwise reasonable under the circumstances will differ based on company size, industry, jurisdictional footprint, and corporate philosophy. Accordingly, data management programs must be developed and evaluated individually ' sadly, there is no boilerplate, one-size-fits-all model. However, there are paradigms, elements and best practices, discussed below, that all good programs have in common.
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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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.