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How Nonlawyer Ownership Abroad May Affect U.S. Firms
This commentary provides some preliminary thoughts on how equity investments in non-U.S. law firms may change how U.S. law firms do business.
Impact on U.S. Market Generally
U.S. firms are being shortsighted if they assume that there will be no competitive impact in the United States just because equity investments as such are still contrary to (what some will argue are anticompetitive) U.S. bar regulations. Certainly those U.S. firms competing for international work inside the United States or those U.S. firms already operating or contemplating operating in international markets should seek to understand now how they will compete against firms that are ' pursuant to their jurisdiction's bar rules ' able to obtain external equity financing. For example, how will an AmLaw 50 firm compete in London, Europe, or Asia with a UK firm that has access to a significant war chest to hire talent and acquire local firms that provide expertise in focus areas? Or, an example that may be closer to home: Until now, UK firms (with a few exceptions at the top end of the market) have been too mismatched financially to enter the U.S. market on a large scale; this may change as UK firms gain access to outside capital, enabling UK firms to compete with U.S. firms in their own market, and this outlook will magnify if the current trend away from U.S. capital markets
continues.
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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?