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2019 Trends Overview: Compliance, Privacy and Security Family Tree
In 2018, global privacy and data breach laws took control across Europe in the form of the General Data Protection Regulations (GDPR), in Canada, as the Canadian Breach of Security Safeguards Regulations of the Personal Information Protection and Electronic Documents Act (PIPEDA), and in the United States, with the California Consumer Privacy Act 2018 (CCPA). In 2019, each set of regulations and laws will continue to define how businesses collect and use consumer data, and their obligations to protect this data from misuse, theft or exposure to unauthorized parties.
There are subtle but important differences between compliance, privacy and security. All three are related and overlap to some extent, but each has a specific purpose. Compliance regulations are guard rails that serve to protect the public interest from unethical, negligent or illegal activity within a corporate function or given industry. Think Sarbanes-Oxley rules to oversee and standardize corporate financial reporting, or Security Exchange Commission (SEC) rules around trading on public markets. Privacy regulations, on the other hand, are about keeping non-public information from exposure and protecting assumed rights around an individual to purchase products and services without their information — be it financial, political or demographic — from misuse or exposure to criminal elements that can leverage this information to their financial gain at the expense of the affected consumer. Compliance and privacy are perhaps fraternal twins; whereas, security is their cousin. Security regulations are designed to detect misuse at the hands of insider practitioners, and to keep outsiders, such as criminals, from infiltrating business environments and stealing or manipulating privileged information.
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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.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.