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State of the Industry: E-Discovery and Cybersecurity
Part One of this article told the story of cybersecurity's impact on society, sex appeal, the war over talent, and the glamorization by Hollywood, as well as electronically stored information's (ESI) focal shift toward cyber and the stark differences between the current state of both disciplines. Part Two picks up by examining the current similarities between the two and details how the history of e-discovery mirrors the present of cybersecurity and is a predictor of future patterns in the cybersecurity staffing market.
Current State Similarities
Practitioners of both e-discovery and cybersecurity beg their customers to spend more time and money being proactive to their corporate challenges, but they ultimately spend the most time and money being reactive to urgent, time-sensitive problems that have legal ramifications: discovery and breach. According to Jerami D. Kemnitz, e-discovery, information governance, data privacy and data protection attorney at Fredrickson & Byron and former senior discovery counsel and global head of e-discovery at Wells Fargo: “Clients are generally still waiting to take action on proactive issues of information governance, privacy, and security until after a specific event forces them to take action.” The exception to this pattern typically resides in companies that are “highly regulated, namely healthcare and financial institutions, who deal daily in PHI (personal health information), PII (personally identifiable information), and other protected confidential information.” This behavioral kinship between cyber and ESI buyers of service and software continues to propagate aggressive vendor growth in both industries.
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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?