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What We Should Have Learned from COVID, Part 1: When In Doubt, Communicate
In mid-March of 2020, the world seemed to come apart. COVID restrictions were announced and implemented worldwide. Within days, most of the law firms in the United States (and the rest of the world) closed their offices and switched to remote work. Most firms remained closed for the remainder of that year and began to return to their offices by late 2021. Now, most of the Am Law firms are working a three or four day in the office schedule with the remainder of the week worked remotely. Non Am Law firms are mostly back in their offices full time and have been since 2022.
I have spent a great deal of time trying to identify what we can learn from COVID and have identified nine of them. I present the first three this month and will follow-up with additional thoughts in subsequent months. So, to paraphrase my old Constitutional Law professor:
"What did we learn from COVID" kiddos?
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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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?