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How to Avoid Running Afoul of Privacy Laws
Privacy laws and enforcement are causing big changes to global commerce and have now arrived at our doorstep. The million dollar questions are how this will affect our businesses and what, if anything, do we need to do about it? While the first answer may vary by vertical and use case, the second answer most definitely involves reducing our risk in multiple areas inclusive of how we collect, store and use data.
When Enforcement Comes Knocking
The California Consumer Privacy Act (CCPA) led the way as the nation's first comprehensive consumer privacy law. Although the law took effect on Jan. 1, 2020, we saw the first public CCPA enforcement action in August 2022 with a $1.2 million fine against Sephora. While Forbes called this the "Sephora shot" heard around the world, we can be certain it won't be the last and is likely the beginning of a pronounced era of privacy regulation as evidenced by President Biden's October 7, 2022 Executive Order to Implement the European Union-U.S. Data Privacy Framework.
Extending variations of the CCPA elsewhere in the U.S., Colorado, Connecticut, Utah and Virginia have all enacted new consumer privacy laws becoming or having become effective throughout 2023 with many more being tracked through respective legislative processes. (Our colleagues at Legaltech News have put together an interactive map of the evolving patchwork of privacy laws in the U.S.) Saying these new laws and the current tip-of-the-iceberg enforcement actions will wax and wane like some laws have been enforced is a mistake we cannot afford to make, given both regulatory and civil litigation trending now.
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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.