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Heightened Cybersecurity Concerns Impact IP Strategies
Recent widely reported cybersecurity breaches have further heightened awareness of the issue, which is of significantly increasing concern both to businesses and government. Government regulators, like the U.S. Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC) have pressed for greater cybersecurity efforts ' with the latter's authority in this area being recently upheld by the U.S. Court of Appeals for the Third Circuit in FTC v. Wyndham Worldwide, — F.3d —, No. 14-3514 (3d Cir. 2015).
Much of the expert advice on how to analyze and bolster cybersecurity suggests major involvement of the business' management, and overlaps with assessment of the business' intellectual property positions and strategies. Such overlaps suggest that significant synergy and efficiencies can be achieved if cybersecurity and intellectual property efforts are coordinated. As cybersecurity becomes an increasing concern for many companies, increased involvement of IP counsel in strategy determinations becomes not only appropriate, but will likely be demanded by their clients. This article examines commonalities and differences between both types of efforts and how counsel can work together with the business' cybersecurity team to service a client.
Concerns and Strategies
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.