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Many companies that have had disputes with developers have been surprised to discover that the agreements signed, often without input from legal, failed to hold developers to measurable standards, give the company ongoing interest in deliverables, or provide meaningful remedies to problems that arise.
Company legal counsel and information technology (IT) professionals can take steps to protect the company. Before a vendor is even selected, the company should develop needs and privacy impact assessments to guide procurement in a manner that is consistent with business goals and its legal compliance obligations. These may include accessibility alternatives for the disabled, notice and choice for sharing certain app or device data with third parties, including for interest-based advertising, and other requirements. A request for proposal (RFP) process based on the assessments can help in the selection of a vendor, development of specifications and deliverables, and clarify which party is responsible for what. It is crucial, then, to carefully scrutinize and negotiate the boilerplate of the developer's agreement and its ancillary documentation in order to assure that the company's expectations are reflected and can be enforced.
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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?