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Cybersecurity and Legal Tech In 2022: Predictions from the Field: Part Two
[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. Part One, last issue, included commentary on cybersecurity, remote work, privacy and e-discovery. Part Two has expert commentary on what 2022 might bring in legal ops, next generation tech and contract review.]
Next Gen Tech
Daniel Bonner, Director of Client Solutions, Level Legal: "Finally, Excel wins the day, and attorneys who feared the black box of AI get the last laugh. AI — and this means machine learning — is on its way to being formally regulated, and it is as likely we will get a universal standard for its use as we are for data privacy. A US federal standard would be great at this point, but instead we will see country-by-country regulations and complexities for AI use based on cultural norms, political powers, and according to the EU's proposal, "training, validation and testing data sets that are relevant, representative, free of errors and complete." The very definition makes the training set impossible to meet the requirement."
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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.