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CFPB Takes Step Into Cybersecurity Regulation
The Consumer Financial Protection Bureau (CFPB) has fired a shot across the bow of the burgeoning online-payment industry, taking an enforcement action this week that marked the agency's first foray into regulating cybersecurity.
Dwolla Inc., a Des Moines-based digital payment startup, agreed to pay a $100,000 penalty and improve its data security practices as part of a consent order that the bureau issued last month. Without alleging that the company was breached, the bureau accused Dwolla of overstating the measures it took to protect consumers' personal information between December 2010 and 2014.
The consent order, which requires the company to fix its security practices and conduct biannual risk assessments, represented the five-year-old agency's first step into territory traditionally policed by the Federal Trade Commission (FTC). In August, a federal court affirmed the FTC's authority to regulate cybersecurity in FTC v. Wyndham Worldwide, — F.3d —, No. 14-3514 (3d Cir. 2015).
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.