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Conducting an internal investigation into questionable company conduct is universally a stressful experience ' stressful for the organization and its employees, for the witnesses who are questioned, and for the attorneys who structure and carry out the exercise. The organization demands quick answers: What exactly was done, and who did it? Do we need to make a disclosure to regulators or shareholders and if so, when? What is the dollars-and-cents impact on our business?
Employees who have been notified that they need to answer questions from outside counsel are anxious about the impact on their employment status, wonder whether they should retain their own counsel, and are concerned about potential discipline and even civil or criminal liability. And the outside lawyers who have been retained to deliver answers on a compressed timetable are required to master vast amounts of data, review thousands of documents and prepare for and conduct multiple interviews.
Now, imagine having to handle all that in a remote location, thousands of miles and multiple time zones away, in a developing part of the world with logistical and infrastructure challenges, and with cultural, political and legal systems that differ markedly from those in the United States.
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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.
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.