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Cloud Computing Agreements
Cloud-based services have exploded in popularity over the last decade due to their ability to provide the convenience of on-demand resources along with generating efficiencies by eliminating the need for dedicated hardware, software and ongoing maintenance. However, given the importance of information technology (IT) to most modern entities' operations, companies must balance the benefits of such outsourced cloud services with the risks associated with entrusting data and critical business processes to third parties. The rise of “big data” and business intelligence only raises the importance of a company's IT resources. Strong agreements are essential for any cloud service that supports critical IT systems. While the circumstances of each cloud implementation are different, this article provides an overview of key areas that need to be considered for any agreement to acquire cloud-based services.
Global Issues to Consider Before Review or Drafting
Understanding the Scope of the Services
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.
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?