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Properly securing physical data before, during and after litigation often can be eclipsed by concerns about online 'virtual' security issues. Agreed ' firewalls, data encryption and password protection are vital safeguards. But another part of the story is how to properly secure and dispose of your hard drives, CDs, backup tapes, and obsolete hardware such as laptops, PCs, PDAs and thumb drives.
Ignoring physical data-security considerations is not only careless and irresponsible ' it is just plain dangerous. Data exposures can lead to severe consequences from public relations, legal and financial standpoints, and can be especially precarious issues for law firms entrusted with safeguarding clients' electronic data, along with their own. From a legal standpoint, allowing data to fall into the wrong hands can mean loss of claim to privilege or lead to malpractice allegations.
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 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.
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.
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.
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.