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There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance.” But after the first seven months of his presidency, there are still questions about where enforcement is heading in specific compliance areas. So how can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider:
1. Anti-Corruption
Although President Trump and Attorney General Jeff Sessions have each dismissed the Foreign Corrupt Practices Act (FCPA) in the past, Sessions has since indicated that he will continue to enforce the FCPA (the U.S. law prohibiting the payment of anything of value to a foreign official in order to obtain or retain business). Frankly, FCPA penalties are too big a moneymaker for the government, and the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) have developed too much infrastructure — including labor, guidance and its Pilot Program, which provides for mitigation credit to self-disclosing companies that meet particular cooperation requirements — to eliminate all of it quickly.
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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.