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'Obtainable Property' and the Mail and Wire Fraud Statutes
Announced the same morning as its landmark rulings on same-sex marriage, the Supreme Court's invalidation of a Hobbs Act conviction in Sekhar v. United States will not be the best-remembered decision of the last day of its 2012-13 Term. Yet for white-collar practitioners, Sekhar could prove significant indeed. The decision coins a new legal term ' “obtainable property” ' that not only will govern future Hobbs Act prosecutions, but also could limit the scope of the federal mail and wire fraud statutes.
The Decision in Sekhar
In Sekhar, the general counsel of New York State's pension fund had recommended to the State Comptroller that the State not invest with a fund managed by Giridhar C. Sekhar. The general counsel then received a series of anonymous e-mails threatening to disclose to his wife, the press and New York officials that he was having an extramarital affair, unless he changed his recommendation and urged that Sekhar's fund be awarded the investment. The e-mails were subsequently traced to Sekhar, who was charged with, and convicted of, attempted extortion in violation of the Hobbs Act, 18 U.S.C. ' 1951(a), and interstate transmission of extortionate threats, in violation of 18 U.S.C. ' 875(d).
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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?