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Trial Tests FTC's Power to Sanction Lax Data Security
In a challenge to the Federal Trade Commission's power to go after companies for data security breaches, lawyers for medical-testing company LabMD Inc. called the government's allegations against it “far-reaching and ludicrous.”
Dinsmore & Shohl partner William Sherman II argued before chief administrative law Judge D. Michael Chappell on May 20 that the FTC overreached when it sued LabMD in August 2013 for failing to protect consumer privacy in violation of Section 5 of the FTC Act.
“This case is more about what could have happened, what might happen or might have happened, but certainly not about what happened,” Sherman said as the proceeding opened. There was no evidence that any consumer was harmed by a data breach that revealed personal information for nearly 10,000 people, he said.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.