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Trans-Jurisdictional Transactions
A broad spectrum of companies in a range of industries is taking advantage of the Internet, advancements in operational systems, and globalization to access new markets and achieve growth. In doing so, many companies are expanding their operations beyond their traditional domestic markets and jurisdictions into new states, new territories, and new countries. When company transactions and legal issues cross borders ' so-called trans-jurisdictional transactions ' companies begin facing expansive and complex legal issues related to those transactions.
This three-part series addresses emerging legal topics that are critical to the three key phases of trans-jurisdictional transactions: 1) the contracting phase before a dispute arises; 2) the information-gathering phase if/when a dispute arises; and 3) the collection/execution phase after a judgment is obtained and debts are owed. The series, which starts from the collection/execution phase and works backwards to the pre-dispute contracting phase, provides guidance to companies attempting to navigate the increasingly nuanced landscape of trans-jurisdictional transactions.
The underlying theme is that all companies engaging in trans-jurisdictional and cross-border commerce not only can, but should, conduct a specialized analysis of their transactions before entering into deals. This will ensure a path of predictability in the event a dispute arises.
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?