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Client Speak: Insiders/Outsiders
By now you've heard it thousands of times ' If you want to sell, know your target. If you're a lawyer, don't bedazzle them with nonpareil insights into Markman or Title VII or the best arguments in support of federal preemption in a product case. Your expertise is really a pretty cheap commodity no matter where you graduated law school. C-Suite buyers won't care; in-house counsel, who've heard it all before, are even less impressed. Instead, bedazzle the buyers with your knowledge of them, because that's what they care about. To paraphrase PR guru Richard Levick, everybody listens to the same radio station: WIIFM, which stands for 'What's In It For Me?' The problem, though, is that we are all guilty of talking about 'client knowledge' without necessarily knowing what it means.
Client knowledge starts, really, with some basic common sense. I once chatted with a lawyer who was representing a major gun manufacturer. He and his partner bought two guns for themselves and learned how to fire them. The client, facing product liability cases, liked that.
I also chatted once with the general counsel of a credit card company. Two lawyers took him to lunch and paid with a rival card. The client did not like that.
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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?