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Preparing Companies for Impending Data Privacy, Cybersecurity Changes
When I entered the data privacy and cybersecurity law space over a decade ago, it was certainly difficult to predict the myriad ways data would be collected, used and stored today. In that time, social media has exploded, devices are even more portable, appliances have gotten "smart" and technology users have gotten younger.
As so often happens, technology was and continues to be light-years ahead of the law, and businesses are increasingly facing new regulations that attempt to shut Pandora's box. Data privacy is one of the most rapidly changing areas of law as regulators and lawmakers are often playing catch-up to groundbreaking technologies that have transformed society in irreversible ways. This process has brought significant implications for businesses and corporate legal departments of all shapes and sizes, which must now retroactively incorporate various data privacy and cybersecurity considerations into their existing structures.
Staying on top of the ever-evolving legal landscape of data privacy and cybersecurity is a full-time job — our team's job, in fact. The complex intermix of state, federal and international laws; the varying and phased effective dates of those laws; and the litany of false starts for various bills in states and the United States Congress make staying on top of the latest requirements particularly challenging for businesses.
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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?