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An Offer You Can't Refuse?
The Department of Justice is drafting defense counsel to fight its latest war: this one on corporate crime. At the beginning of this year, the DOJ effectively imposed an obligation of self-disclosure of crimes on corporations, accelerating a government-wide trend where companies, through their lawyers, are expected not only to obey the law, but also to investigate and enforce it as well. On January 20, 2003, Deputy Attorney General Larry Thompson emphasized 'voluntary' self-disclosure in modifying DOJ policies governing the prosecution of corporations in a memorandum entitled 'Principles of Federal Prosecution of Business Organizations' (the 'Thompson Memo'), which amends Deputy Attorney General Eric Holder's 1999 memorandum, 'Bringing Criminal Charges Against Corporations' (the 'Holder Memo').
The government's expectations have evolved from a policy of encouraging self-disclosure to one that independently punishes failure to self-disclose. This trend is not unique to the DOJ. The Office of Inspector General of the Department of Health and Human Services (OIG HHS), for example, likewise views failure to report corporate wrongdoing as hindering justice. Thus, practitioners representing corporations must recognize that the government now views corporate clients as having two jobs ' providing goods and services and self-policing and reporting infractions.
The Carrot
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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.