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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.
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.