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A Primer on the New Jersey Data Privacy Act
The New Jersey Data Privacy Act (NJDPA, N.J. Stat. Section 56.8-166.4 et seq.), went into effect this past Jan. 15. Signed into law Jan. 16, 2024, the NJDPA represents New Jersey’s entry into the burgeoning field of data privacy laws, as it joins 18 other states that have passed such laws.
The NJDPA primarily affects large retailers, particularly those with substantial online operations. It also affects online advertising platforms, insurers, data brokers, and social media companies. The NJDPA clearly derives from its predecessors in the privacy field, but it also ventures beyond them in several ways.
For one, the NJDPA applies to a broader range of entities than many earlier privacy laws, including small businesses, educational institutions, and nonprofits, primarily by omitting revenue thresholds from its applicability. In addition, the NJDPA is in the minority of data privacy statutes by expressly including nonprofits, while providing no exemptions for education institutions or data regulated under the federal Family Educational Rights and Privacy Act. In other words, the NJDPA has fewer straightforward exceptions, including narrow Fair Credit Reporting Act and Health Insurance Portability and Accountability Act exceptions.
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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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?