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Paper's Hidden Security Risk
It is almost impossible to open a newspaper today without reading about cybersecurity breaches. Target Corp., Neimann Marcus and many other companies have been targeted, and many experts think it is only a matter of time until law firms are targeted (if it's not too late already). All this “cyber risk” may have you pining for the days before computers, when almost all information was stored on paper.
In fact, based on the amount of paper law firms still keep ' both onsite and off ' it seems that lawyers literally want to go back in time. Part of the rationale is safety and security. Not only are lawyers often more comfortable in a paper environment, but there is a sense there is less to worry about, with no risk of cyber attacks. In fact, this is a false sense of security.
At the same time, law firms are facing higher expectations than ever on information security; in addition to legal and regulatory requirements including the HITECH (Health Information Technology for Economic and Clinical Health) Act, clients are expecting more protection of their information ' and often auditing their firms overall security. Paper files can be stolen during office break-ins, lost unrecoverable during disasters, and easily left in airports or taxis. Worse, files that end up in the wrong hands are easy to read, with no password or other protections.
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.