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Ethics and Compliance Programs
A recurrent task facing Managers of Ethics and Compliance programs is to make sure their programs are effective — and demonstrate this effectiveness to both internal and external audiences.
Since management commitment and support is the fundamental requirement for effective compliance programs, it is essential for ethics and compliance officers (the United States Sentencing Commission used “ethics and compliance” in the changes that it adopted on April 8, 2004, to the Sentencing Guidelines for Organizational Defendants) to successfully demonstrate program effectiveness in order to gain trust and active support of internal audiences, such as senior management, boards of directors, board committees, internal auditors, legal staff and human resources (See ' 8B2.1(b)(2)(A)). External audiences, such as regulators and other governmental officials, the investment community and shareholders often evaluate the company based, at least in part, on its ethics and compliance plan.
How does an Ethics and Compliance officer ensure and demonstrate a program's effectiveness? First, understand the objectives and expectations of each constituency. Then build a program designed to achieve those objectives as well as the company's business objectives. And finally, understand the specific informational needs of each constituent and ensure they are being met.
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?