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Being Ready for Government Investigations in a Time of Financial Crisis
The global credit crisis has already spawned numerous investigations seeking to determine whether wrongdoing at financial institutions caused any part of the financial meltdown. The press has reported ongoing investigations by the Department of Justice (DOJ) and the SEC of many of the most recognizable names in the financial world, including Bear Stearns, Lehman Brothers, Credit Suisse, UBS, AIG, Fannie Mae and Freddie Mac. With the public furious over corporate excesses, the Obama Administration is likely to devote significant enforcement resources to ensuring that none of the federal bailout money is used improperly. Task forces will be formed. More civil cases will be filed. The pressure on financial institutions from government regulators is certain to be intense.
In this heightened enforcement environment, it is more important than ever that corporate general counsel be ready and able to navigate a minefield of complex issues as soon as they become aware that their company is the focus of a government investigation. Upon learning of a subpoena for corporate records, counsel must quickly assemble the correct team, analyze the subpoena, and determine who may have responsive documents. Given the stress of this process, companies should strive to have proper controls in place well before becoming the target of an investigation. Regardless, counsel must be extremely organized from the beginning and must work effectively with both the business units and the IT department to establish an infrastructure which assures that everyone is working from the same playbook. At best, early mistakes will cause later headaches; at worst, they can be devastating.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.