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Cybersecurity and Legal Tech In 2022: Predictions from the Field
[Editor's Note: Cybersecurity Law & Strategy has once again joined with its ALM sibling, Legaltech News, to offer expert opinions for what the New Year might bring in cybersecurity. We've combined the comments on cybersecurity, remote work, privacy and e-discovery into this article and added a few additional comments. We'll have more on legal ops, next generation tech and more next month.]
This past year was the year of the threat vector. With so many people now working remotely, the amount of infiltration points for potential bad actors multiplied. Phishing attacks intensified as employees became married to email and communication platforms. And ransomware knocked companies across the world offline with devastating consequences.
But even with that backdrop, there's hope for the cyber future. Both federal and state governments focused on cybersecurity as a cornerstone for the future, providing more resources for cybersecurity professionals to fight back. More business leaders saw the damage cyber attacks can bring, leading to increased attention (and funds) paid to their organizations' cyber issues. And employees themselves began to take cyber issues more seriously, with training and awareness about phishing and other social engineering attempts on the rise.
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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.