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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.
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.