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Safeguarding Confidential Employee Records
The electronic age has increased numerous workplace efficiencies, the most significant of which are obtaining, storing, using and transferring data. Yet these benefits to data management have not come without burdens. Because information has become increasingly easy to obtain and transfer, employers must take precautionary measures to ensure that confidential data is adequately protected. This applies not just to proprietary business information, but also to confidential employee data. This article provides an overview of statutory, constitutional and common law concerns with respect to obtaining and maintaining confidential employee information, and penalties that employers may face for failing to protect the security of confidential employee records.
State Privacy Statutes
Many states have enacted laws requiring businesses that maintain computerized data including personal information to notify individuals of security breaches and unauthorized access to their personal information. (States with such security breach notification statutes include: Arkansas, California, Connecticut, Delaware, Florida, Illinois, Louisiana, Minnesota, Montana, North Carolina, North Dakota, Ohio, Pennsylvania, Rhode Island, Tennessee, Texas and Washington.) The California Security Breach Notification Act of 2003 (the California Act), Cal. Civ. Code '1798.80 et seq., was the first such law to be enacted, and precipitated similar statutes in sister states. The majority of state security breach notification statutes are modeled after the California Act. Accordingly, in order to provide a general overview of the landscape of this type of legislation, we outline the California Act while highlighting key differences in sister state statutes.
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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.