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An apparent settlement between Home Depot and MasterCard International Inc. over a massive customer data breach last year has prompted lawyers for financial institutions that are suing the Atlanta-based home improvement chain for damages caused by hackers to cry foul.
Counsel for the plaintiff banks and credit unions claim that, over the Thanksgiving holiday, without their knowledge, agents of Home Depot sent “highly misleading and coercive communications” offering an apparent settlement to their clients and other potential plaintiffs in the multidistrict litigation. The notices were sent as the presiding judge was still considering whether to allow Home Depot to communicate directly with potential class members without prior screening either by plaintiffs' attorneys or the court.
The notices announced a deal between Home Depot and MasterCard, which is not a plaintiff in the multidistrict litigation.
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 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.
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.
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.
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?