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Records Management Goes 'C Suite'
Just 5 years ago, if you were to approach a C-suite executive about discussing his company's record-keeping policies and procedures, you likely would have been shown the door. After all, wasn't record-keeping, file storage and electronic data retrieval the purview of middle management; perhaps residing somewhere in facilities management, information technology, or human resources?
Today, a few years and numerous perspective-changing developments later, a topic that once resided quietly in back offices and file rooms has emerged at the epicenter of high-level business conversations around internal controls and risk management. What happened? Sarbanes-Oxley legislation clearly was a watershed event, elevating records management to senior executives' radar screens, as were several high-profile ' and costly ' legal actions related to record storage and retrieval. Further fueling the issue, technological advances have made records of all types both more easily accessed and more easily erased.
Regardless of cause and effect or why the issue is front and center, the fact is that at this very moment, there are probably hundreds of lawyers and business consultants meeting with hundreds of clients in offices all around the U.S. to discuss some topic associated with proper ' or improper' record handling. It is a hot issue that is getting hotter, so the need for immediate and effective action is greater than ever.
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?