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Top Security Intrusion Trends the Legal Community Should Watch
Lawyers (whether corporate counsel or outside counsel) are increasingly expected to understand the implications of cybersecurity when providing advice relating to a long list of matters that include privacy compliance, contract compliance, data breach response, data breach litigation, M&A due diligence, and insurance coverage. Legal counsel, as trusted neutral advisors, are uniquely qualified to help navigate risk considerations and bridge customer deliverables and workforce expectations with adequate security and shifting legal requirements. As a result, it is important that lawyers understand the latest trends in cyber intrusions that may expose their stakeholders to unwarranted risk and allow adversaries to exploit technical and human vulnerabilities. This understanding will make lawyers effective in establishing a program that properly addresses security within the greater context of organizational risk.
If a risk-mitigation program is not tailored to what the company does and what the company has, the organization is bound to be doing too little in some areas and perhaps even too much in others. This problem can lead to inadequate allocation of resources, underutilization of security and other assets, and likely, unknown exposure to threats and vulnerabilities.
Mature security programs by contrast, consider and deploy different levels of controls (and different levels of spending) based on a continuous review of their business environment and the assessed threat exposure. Lawyers are often well-positioned to spearhead corporate risk mitigation strategies that meet the realities of the threat landscape that the organization is facing.
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.
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?
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.