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Data privacy and cybersecurity are easily the hot button issues of the decade. For many organizations, preparing to comply with the EU's General Data Protection Regulation (GDPR), effective as of May 25, 2018, was a herculean feat and those efforts continue as new guidance is released and companies look to improve their data privacy governance and compliance programs. The most significant overhaul to the EU's data privacy policies in over 20 years, with extraterritorial reach, the new regime forced American businesses to remediate, and in some cases, overhaul their data privacy governance programs.
But the GPDR was just the beginning. Not long after its implementation, the California Consumer Privacy Act of 2018 (CCPA) — which has provisions similar to, but not identical to the GDPR — was ratified to come into effect as of Jan. 1, 2020, with enforcement deferred until July 1, 2020. Since the CCPA's enactment, all 50 states have either introduced their own data privacy legislation or amended their data breach notification laws. Organizations seeking compliance with the growing number of data privacy regulations will need to remain vigilant, especially for organizations that rely heavily on personal data.
In California's wake, South Carolina and Vermont are the latest U.S. states to enact their own unique data protection legislation, taking an industry-centric approach — an approach other states are expected to emulate in the very near future.
South Carolina is the first state to adopt breach notification and cybersecurity requirements based on the National Association of Insurance Commissioners Model Law, applicable to all insurers, agents and other licensed entities authorized to operate under the state's insurance laws. Vermont's new law, effective as of February 2019, is applicable to companies in the "data broker" industry and requires minimum security standards, annual registration and a host of other obligations.
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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?
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.