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Prosecutions for Violation of Export Controls on Dual-Use Items
Since 9/11, the government has stepped up the enforcement of laws and regulations relating to the control of exports, especially so-called “dual-use” items that have both military and non-military applications. Department of Commerce policy “seeks to keep terrorists and other criminals from possessing sensitive technologies — in essence, to prevent export violations before they occur,” according to Julie L. Myers, Assistant Secretary of Commerce for Export Enforcement.
Typically, dual-use items include both high-tech goods and software and ordinary goods, such as fertilizer. Criminal penalties for violations are harsh, especially if the violation affects national security. For practitioners, the dual-use laws present an unusual thicket of statutes, regulations and executive orders.
The Statutory and Regulatory Regime
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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.
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?