Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
A criminal charge or civil enforcement action against a company can be devastating. Charges may, for example, lead to debarment from federal programs ' a corporate death sentence to health care companies and government contractors. But the U.S. Department of Justice (DOJ), the U.S. Securities Exchange Commission (SEC) and other enforcement agencies have long touted the benefits of cooperation for companies under investigation.
In deciding whether to charge a company, the DOJ's “Principles of Federal Prosecution of Business Organizations” ' the so-called the “Filip factors” ' instruct prosecutors to consider, among other things, “the corporation's timely and voluntary disclosure of wrongdoing and its willingness to cooperate in the investigation of its agents.” (See USAM 9-28.300). Thus, when faced with allegations of wrongdoing, companies and their outside counsel generally will conduct their own investigation and report their findings to the government.
In the past, a presentation of the facts and evidence tended to be viewed as cooperation. Now, the government expects more. As noted by Criminal Division Assistant Attorney General Leslie Caldwell just a few months ago, the DOJ “expect[s] cooperating companies to identify culpable individuals ' including senior executives if they were involved ' and provide the facts about their wrongdoing.” See Assistant Attorney General Leslie R. Caldwell Delivers Remarks at New York University Law School's Program on Corporate Compliance and Enforcement,” April 17, 2015, http://1.usa.gov/1UUMtGx.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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 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.
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.
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.
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?