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Managing a Cyber Crisis: 7 Practical Tips to Recover with Strength
Due in part to the COVID-19 disruption and fast-tracked adoption of digital solutions associated with a remote workforce, the continued proliferation of targeted ransomware attacks, and an unprecedented supply chain attack of a widely used IT performance management software, 2020 witnessed extraordinary activity in the cybersecurity arena. As companies confront the ever-evolving cyber threat landscape, Alston & Bird has outlined seven practical tips for incident response in 2021.
1. Act Swiftly and Be Nimble
Companies are expected to respond swiftly to cybersecurity incidents — they are often crisis events. A company subject to a cyber-attack should be ready to assemble its team and stand up its incident response structure immediately so that the response team can quickly begin executing its investigation, containment, and remediation strategies. Team participants — including third-party forensics, outside counsel, and communications — should be identified and known to key internal incident response participants in advance. All team members should understand and be prepared to respond within the expected timeframes.
Because "everyone has a plan until they get punched in the face," it is important to bear in mind that cybersecurity incidents can evolve until the threat is contained. Cybersecurity incidents require a company's incident response team and outside experts to be nimble and ready to adjust and retrench quickly, including the need to retain forensic assistance with varying specialties to mitigate evolving threats and investigate new developments.
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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.