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Death of DOL Fiduciary Rule May Not Be Imminent
If one follows the recent onslaught of articles and blogs, Donald Trump's election to the presidency has placed a target squarely on the back of a Department of Labor (DOL) rule that imposes a fiduciary standard on those who provide investment advice in connection with employer retirement plans and Individual Retirement Accounts (IRA). Yet reports of the rule's demise may be premature. Whether its death knell is sounded depends on how the new administration chooses to navigate certain political, legislative, and regulatory obstacles.
Fiduciary Rule
The DOL issued the final rule on April 6, 2016, as part of the Obama Administration's aggressive, consumer-oriented regulatory platform, setting an initial rollout date of April 10, 2017. In essence, the rule requires broker-dealers to either agree to act as fiduciaries when advising investors with regard to retirement accounts, or move away from certain fee structures, including those that are commission-based, for such services.
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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?