Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Managing the New Company Thief
It used to be that an employee desiring to steal $2 million from your company would have a hard time doing so unnoticed. Today, that employee can do so undetected while having a casual conversation with you in the office.
Up until recently, sophisticated firewalls and password protection have been relatively sufficient to protect sensitive company information. Now, these measures are anything but sufficient. The proliferation of electronic devices such as iPods, camera cell phones, thumb drives, Blackberries, flash drives, and all other sorts of downloadable devices have made all companies at risk for insider theft right under their proverbial noses. With the use of these devices, downloading significant amounts of data is easy, virtually instantaneous, and often very difficult to detect. Indeed, numerous companies have had valuable proprietary information stolen covertly by their own employees. Those that haven't yet are undoubtedly at risk. The security risks associated with these new portable electronic devices apply to essentially all companies that, in the course of doing business, allow employees' access to electronically stored, confidential, and proprietary information.
Unfortunately, in the current environment, the legal system is not forgiving toward companies that take a more relaxed approach with respect to protecting their own sensitive information. The Uniform Trade Secrets Act, adopted by many states, requires that companies exercise reasonable efforts to maintain the secrecy of confidential information before the information can be protected under trade secrets laws. A lack of such efforts taken by a company precludes its ability to seek protection of its sensitive information.
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.