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How to Address Evolving Privacy Regulations During Discovery
In the face of growing data privacy regulations, appetites are growing for solutions that guard protected private information with the same gravitas given to protecting privilege. The challenge? Current privacy regulations are, on the one hand, broad and complex, and on the other, vague and underdefined. This makes implementing systems for preventing the inadvertent disclosure of protected private information an important task.
Jurisdictions around the globe have introduced legislation to serve many similar, but sometimes very different purposes. These range from preserving an individual's most basic right to privacy and the protection of their personally identifiable information (PII), such as with GDPR and CPRA, as well as their private health information (PHI), as with HIPAA. Some legislation is enacted to safeguard minors, while other legislation protects people in their role as consumers. Overlapping with this is the Payment Card Industry Data Security Standard (PCI-DSS).
But for all the coverage these regulations are meant to provide, there is precious little guidance about how to protect private information, and there is very little legal precedent to guide our practices. It was only in 2020 that the earliest court decisions began to address these issues and establish precedent.
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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.
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.
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?
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.