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The California Consumer Privacy Act is HERE: Are You Litigation Ready?
Most companies doing business in California are well aware of the California Consumer Privacy Act of 2018 (CCPA) and prepared diligently in advance of the law's Jan. 1, 2020 compliance deadline. While compliance certainly is key, even compliant businesses must consider — and prepare for — the eventual onslaught of class action litigation that is coming.
Indeed, at least one data breach class action lawsuit has been filed already that expressly claims a "deprivation of rights" under the CCPA based on the alleged "fail[ure] to maintain reasonable security procedures and practices appropriate to the nature of" personal information maintained by the defendants. Barnes v. Hanna Andersson, LLC, et al., N.D. Cal. Case No. 3:20-cv-00812. While the plaintiff in Barnes does not presently seek damages under the CCPA, she expressly "reserve[s] the right to amend this Complaint as of right" to do so at a later time. The plaintiff's decision not to seek damages under the CCPA likely stems from the retroactivity hurdles she would face, given the data breach "occurred from September 16, 2019 to November 11, 2019," and the relevant provisions of the CCPA are not expressly retroactive. Weinberg v. Valeant Pharm. Int'l, 2017 WL 6543822, at 7 (C.D. Cal. Aug. 10, 2017) ("California statutes apply prospectively unless the Legislature expressly indicates otherwise."). Nonetheless, the allegations highlight the looming threat on the horizon.
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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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.