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Who's on Your Board?
Certainly most, if not all of the business community is aware of the corporate scandals of the past few years; Enron, WorldCom, and Tyco, just to name a few. These business failures not only affect employees and management, they affect the families of all employees, stockholders, and any person or company with which these companies conducted business.
As tragic as the loss of jobs, loss of retirement savings, and costs to prosecute are, there is something that could be worse: knowing that all of it could have been prevented. Each one of these companies had an audit committee that was ultimately responsible for overseeing the audit and issuance of financial statements. This is not to say each of these scandals was completely the fault of the audit committees or the boards of directors. However, some steps could have been taken to minimize these risks.
Statement of Auditing Standards No. 114
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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?