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Security is always a concern for law firms, and the risks have only grown in recent years. Increasingly, attorneys, staff and clients have become more mobile and rely on an array of laptops, smartphones and tablets to stay connected 24/7. As more data is created and resides in more places, it becomes more vulnerable.
Law firms are not immune from deliberate and accidental data breaches, and the stakes for these kinds of incidents are extremely high. Lawyers know their ethical obligations to protect client information and maintain attorney-client privilege. They may be less aware, however, of their obligations to protect data security under such federal regulations as the Health Insurance Portability and Accountability Act (HIPAA), the Omnibus Rule and the Health Information Technology for Economic and Clinical Health Act (HITECH). Falling victim to cybersecurity breaches and hackers can leave law firms open to sanctions, fines, unfavorable publicity and the loss of clients.
While lawyers may be concerned about cybersecurity, they often have other things to worry about ' including practicing law and managing the business aspects of their law firms. Many attorneys may lack the technical expertise to know if their law firms have adequate technological practices in place to truly support security.
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.
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?
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.