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In the Courts
Fifth Circuit Clarifies the Scope of the Anti-Kickback Act
On Feb. 3, the U.S. Court of Appeals for the Fifth Circuit partially reversed an Eastern District of Texas ruling finding that two employees of Kellogg Brown & Root, Inc. (KBR) acted on behalf of the company in accepting kickbacks for subcontract work on a United States Army contract. The published opinion of the panel of three judges stated that while Robert Bennett's behavior could be imputed to KBR under the Anti-Kickback statute, his son, James Bennett, did not have the appropriate level of managerial control to hold his employer liable for his behavior.
KBR was awarded a contract with the Army to provide logistical support during its operations. KBR would sometimes hire subcontractors to fulfill its work orders from the Army. It was one of these subcontractors, EGL, Inc. (EGL), that allegedly provided gratuities to Robert and James during the time they were employees at KBR. While KBR argued that the $5,000 the subcontractors spent was simply for general relationship building, the government successfully argued that the entertainment and food the KBR employees received from EGL was a bribe meant to influence KBR's treatment of the subcontractor.
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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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.