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New State Statutes and Federal Guidelines Create Basket Weave of Cybersecurity Compliance
The U.S. doesn't have a federal cybersecurity law, but that doesn't mean there is no cybersecurity industry standard. There are regulations, case law, guidelines and state laws that, when combined, create an industry standard applicable to almost all business sectors. Specifically, if you receive, collect or hold data in an enumerated industry or sector, your business must have an information security program in place.
Many of the existing laws protect publicly traded companies and the banking, health care, financial and insurance sectors. Third-party vendors, including law firms, are specifically enumerated in many state statutes. Nevada even has a relatively new statute that protects casinos. The combination of these new state statutes and federal guidelines provide a basket weave of compliance.
Old News and NIST
There are several laws, regulations and even case law that have cybersecurity and data privacy implications for publicly traded companies and specific sectors. Regulations like Sarbanes-Oxley, the Privacy of Consumer Financial Information and Safeguarding Personal Information Regulation, the Gramm-Leach-Bliley Security Rule and Privacy Rule, the Health Insurance Portability and Accountability Act, the FTC Act, the NIST Cybersecurity Framework and the Wyndham are old news as far as cybersecurity guidance and regulations go.
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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.
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?