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Litigators and Privacy: The Last People You Want to See, or the First?
It is hardly news that cyber incidents are front of mind for companies. Whether costly data thefts, pernicious data manipulation attacks, or crippling ransomware or disruptive denial of service attacks, cyberattacks are trending toward greater frequency, severity and sophistication. Geopolitical tensions have further increased the risk. In fact, the New York State Department of Financial Services recently warned its regulated entities to be alert for an increased risk of malicious cyber activity directed at United States industries and government agencies by highly cyber-capable Iranian actors and proxies. The New York Times reports a 41% increase in 2019 in the number of files hacked in ransomware attacks, and notes that according to American authorities, several of these attackers have operated with the protection of their governments and have helped their governments by passing along hacked files.
When it comes to cybersecurity risks and breaches, organizations know they should plan for the worst, and hope for the best. In their consideration of possible worst-case scenarios, however, organizations often focus on the various types of attacks and their relative severity. In other words, they focus on the day of, not the day after.
But, the worst-case scenario is not the breach, as bad as a breach can be for the organization and its affected associates. In fact, the worst-case scenario is the reputational damage, regulatory enforcement action, the business interruption, and the inevitable litigation that follows a poorly handled breach from an unprepared organization. Given this reality, it is important to adjust planning assumptions and response scenarios to focus on addressing these drivers of post-breach exposure.
Failure to Plan Is Planning to Fail
The military knows that failure to plan is planning to fail. Companies should take the same approach when it comes to cyber.
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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.
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?
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.