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FCPA Compliance Training: Clarity Needed
Just as corruption saps the entire GDP of many countries, it can destroy the profitability of a firm's overseas (or, for that matter, overall) business. My 'Confronting Corrupt Practices' article in A&FP's June 2007 edition surveyed some aspects of anticorruption training that law firms should consider.
That article identified 'hearts and minds' motivational training as essential for maintaining an organization's moral compass. But it also noted that the training challenge is complicated by definitional issues, especially those relating to the exception for 'facilitating payments' allowed by the Foreign Corrupt Practices Act ('FCPA'). This article briefly elaborates on that aspect of the problem.
While the ultimate goal of anticorruption training is to get all firm representatives to act properly, a key intermediate training goal is to help them clearly understand the topic. Even those with formal legal training may need to wrestle with the inherent ambiguity of some bribery-extortion situations; but for staff employees and business agents of the firm, it's primarily important that training support clear acquisition of basic concepts.
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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 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?