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Typically Uncommon: Defending Class Action Certification in Data Breach Litigation
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant's breach of any purported duty of care, and whether the defendant's alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation involving as few as two parties and as many as thousands in the form of class action litigation, the difficult question to answer in these cases is "what is the value, if any, of your injury or damages?"
These questions have flooded the courts in the context of data breach class action litigation, resulting in contradicting decisions among the state and federal courts across the country as to whether a prospect of future identity theft or financial harm is sufficient to confer standing and allow a plaintiff, whether individually or on behalf of a putative class, to bring suit against a defendant who might have been the victim of a data breach, or whether it is sufficient to allege legally cognizable damages to sustain a claim for negligence or another common law or statutory claim.
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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.
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.
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.
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.