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Data Protection and Risks in Cross-Border Joint Ventures
In July, U.S. prosecutors said they had uncovered the largest credit card fraud operation in U.S. history and arrested six men in Russia and Ukraine. See, “4 Russians, 1 Ukrainian Charged in Massive Hacking,” Yahoo News. More than 160 million credit and debit card numbers were stolen, costing the victim companies more than $300 million. The fraud targeted Citigroup, JC Penney, JetBlue Airways, Nasdaq and PNC Financial Services. It's no wonder that senior in-house lawyers in the recently released Winston & Strawn “International Business Risk Survey” say that their top concern in following data privacy laws is customer data ' including data security and risk.'Tied for second-greatest concern are cross-border data transfer and legal compliance with data security and breach notification laws.
“Interestingly, it is the potential for loss of brand equity that responding corporate counsel identify as their most significant concern,” says Lisa Thomas, a data privacy and protection partner with Winston & Strawn in Chicago. In this sense, they are well-aligned with their business-side colleagues in focusing on reputational risk. “Given this 'external' focus, they should continually re-evaluate the effectiveness of their data-protection policies, procedures, and training, including domestic and cross-border compliance,” Thomas says.
Reducing business risks of data privacy breaches, corruption, and other compliance issues is a constantly evolving challenge for growing international companies. Laws and enforcement vary widely from one country to the next, and market practices are highly inconsistent around the world.
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.
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.
Warehouse Liability: Know Before You Stow!
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
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.
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.