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Recent Challenges To the FTC's Data Regulation Authority
The year 2014 has been described as the “Year of the Breach.” (See the January 2015 Ponemon Institute study titled “2014: A Year of Mega Breaches.” It started out with fallout from the Target breach, which occurred at the end of 2013 and carried over into 2014, affecting 40 million debit and credit cards. This “Point of Sale” attack spread to other retailers such as P.F. Chang's, Neiman-Marcus, Michael's, and Home Depot as the result of malware called “Black POS” allegedly distributed by a couple of teenagers in Russia. See, “Home Depot Hit By Same Malware as Target,” Krebs On Security.
Hacking attacks perpetrated on several financial institutions followed during the summer and fall of last year, along with the largest health care breach of the year occurring in August. See, “Hackers' Attack Cracked 10 Financial Firms in Major Assault,” NY Times Dealbook; “The Big Data Breaches of 2014,” Forbes.
Finally, the year ended with the attack that probably caught the most media coverage in 2014.
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?