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Developments of Note
FDIC Advises Banks On Avoiding Risks
Of Spyware Instrusion
The Federal Deposit Insurance Corp. (FDIC) recently issued an advisory to banks on how to avoid risks associated with spyware. The advisory recommends “best practices” to mitigate against the risks posed by spyware within an institution's network and on bank customers' computers. Among the actions recommended to mitigate internal risks are restrictions on the downloading of unapproved software, installation and maintenance of anti-virus and anti-spyware programs, and expanding bank risk-assessment procedures to consider risks from spyware. The FDIC advisory is available at www.fdic.gov/news/news/financial/2005/fil6605.html.
AZ Attorney Ethics Opinion Requires Security Measures
Attorneys must take “competent and reasonable steps” to secure client files from disclosure or destruction if they are stored on a computer network that is accessible to the Internet. Arizona Ethics Opinion 05-04 (Ariz. State Bar Comm. on Rules of Prof. Conduct July 2005). The committee said that to take such steps, an attorney must have the necessary technical competence, either personally or through the retention of an expert, “to evaluate the nature of the potential threat to client electronic files and to evaluate and deploy appropriate computer hardware and software to accomplish that end.” The opinion is available at www.myazbar.org/Ethics/pdf/05-04.pdf.
NJ Ethics Committee Says Domain Name
Needn't Include Firm, Attorney Name
A law firm may use a domain name that does not include either the firm name or the name of any individual attorney within the firm, provided that certain conditions are met. Ethics Opinion 32 (New Jersey Comm. on Attorney Advertising June 6, 2004). The committee opined recently that the home page to which the domain name points must “clearly and prominently identify” the actual name of the law firm and its address, and must include certain advisories and disclaimers specified in ethics rules. The committee also stated that the domain name must neither be false or misleading. The opinion is available at http://lawlibrary.rutgers.edu/ethics/caa/caa32_1.html.
Developments of Note is written by Julian S. Millstein, Edward A. Pisacreta and Jeffrey D. Neuburger, partners in the New York office of Brown Raysman Millstein Felder & Steiner LLP (http://www.brownraysman.com/).
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.
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.
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.
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.