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How the Internet Exposes You to Risk
The advent of the Internet has provided businesses with a wealth of previously unavailable resources. Companies may now use electronic tools to communicate instantaneously with customers and associates around the globe. These improvements in sharing information, however, have not come without costs, and today's businesses must be aware of the risks involved in using these technologies. This article, the first in a two-part series, contains an overview of some common risks inherent in Internet use and closes with a discussion of how those risks might affect litigation. The second article, which will be published in the next issue, focuses on intellectual property concerns of doing business over the Internet.
Electronic Security Threats
One of the largest dangers to any business' electronic resources is a security breach. These threats strike suddenly and spread quickly. For example, the now infamous Blaster worm infected at least 1.4 million Internet addresses in the first 24 hours after its release. Thomas Abate, 'As the Worm Turns, Computer Users Squirm; Worst May Be Yet to Come ' Infected PCs to Attack Microsoft,' S.F. Chron., Aug. 13, 2003, at A1. Because these incidents can have a crippling effect, companies spend millions of dollars each year to prevent such attacks. See, Lawrence A. Gordon et al., '2006 CSI/FBI Computer Crime and Security Survey' (available at www.gocsi.com). Although the percentage of companies reporting security breaches has steadily declined over the past 5 years, more than half of those surveyed in 2005 reported experiencing at least one such incident during the previous year. Id.
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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?