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Law Firms, Meet Your New Regulator: Your Clients
A couple of years ago, when the IT focus of a law firm was on document management and perhaps mulling the billable virtues of e-discovery, cybersecurity was well over the horizon. The cyber world was still considered flat, and the other side of the world was undiscovered. There was no idea of the risk that lurked in the embers of political instability, juvenile capitalism and a moral compass that all too often pointed to human suffering.
Yet two years ago, the undiscovered threat had already reached the new shores of Wall Street. This financial Plymouth Rock was a new haven of untapped riches within the financial sector. The post-2008 financial crash era gave rise to the 99%, dogmatic hactivists who settled on Wall Street. They perhaps polished the floor of a proverbial Internet Ellis Island, but much like the virtuous green lady watching from the harbor nearby, they beaconed a welcome of opportunity to a tired and poor who consisted of simple smash-and-grab criminals, sophisticated criminal syndicates, and, eventually, fueled the cause of offshore agents employed by rival governments.
Fearing another market destabilization in our post-2008 world, multiple financial regulators grew concerned about the risk posed by smaller financial institutions such as hedge funds or regional banks. Of chief concern was that due to their size, these organizations lacked the same security defenses afforded by larger firms, such as national banks and insurance companies.
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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.
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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?