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Cybersecurity in Commercial Equipment Leases
Much has been written in the industry about equipment lessors' cybersecurity practices for the protection of their information. The issue addressed herein is the equipment lessor's obligations and potential liability for information stored on equipment returned to the lessor at the end of a lease.
From a leasing company's perspective, the ideal commercial equipment lease places all obligations, risk and liability squarely (and only) in the hands of the lessee. As a general matter, this is accepted industry practice, and lessees understand that this is the “price” of being able to finance equipment. The question is whether this industry practice is enforceable when data and privacy protection enter the picture.
The Leasing Company's Exposure
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.
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.
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.
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?