Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Man-in-the-Middle Attacks
During the last week of December 2015, several law firms in New Jersey were the victims of non-trivial data breaches. While three involved real estate closings and the rest involved commercial transactions, all resulted in funds being wired to an Internet hacker. Each firm was a victim of “man-in-the-middle” attacks, whereby a hacker first acquires access to a firm's server, then, using said access, the hacker redirects all e-mails associated with the firm's server to a hacker's server and subsequently changes payment information and other information in those e-mails to defraud the firm and others working with the firm.
Keeping Data Safe
While the Fair Credit Reporting Act (FRCA), 15 U.S.C. '1681 et seq. (1970), and other federal laws encourage the implementation of policies, programs and procedures to keep data safe by requiring entities to maintain reasonable procedures designed to avoid the disclosure of information, not all entities are covered, and the obligations imposed on covered entities is not specific. Even covered entities may not be required to protect themselves from man-in-the-middle attacks, because typically regulations implementing these obligations primarily detail disposal obligations, such as implementing and monitoring compliance with policies and procedures that require the destruction or erasure of electronic media containing information so that the information cannot practicably be read or reconstructed. See, 16 C.F.R. '682.3(b)(2).
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.