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Decisions of Interest
Corporate Officer May Be Liable As ERISA Fiduciary
A corporate officer who exercises discretionary authority and control over the administration and management of an ERISA Plan may be liable to participants of the plan as a fiduciary. In re WorldCom, Inc., 2003 WL 21385870 (S.D.N.Y. 6/17/03) (Cote, D.J.).
The plaintiffs, plan participants, alleged that all the WorldCom officers were liable to them as ERISA fiduciaries. The plaintiffs made allegations against one officer, Bernard J. Ebbers, that 'd[id] little more than track the statutory definition of a fiduciary,' but which the court found were nonetheless sufficient to state a claim against Ebbers under the liberal pleading standards of Rule 8 of the Federal Rules of Civil Procedure.
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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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
The Benefits of Blockchain for e-Discovery and Data Preservation
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.