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The Effective Act of Listening
"What keeps you up at night?" remains a critical question to ask clients, and was among those addressed in a recent paper issued by FTI Consulting and Relativity titled, "The General Counsel Report 2021", released in January. In this robust analysis of research conducted by Ari Kaplan Advisors in late 2020, General Counsel describe their developing and ever-expanding roles, with particular attention paid to new responsibilities focused on business strategy, policy, diversity & inclusion, and technology. The list goes on, to be sure.
With GCs and other business leaders facing such incredible challenges, how do lawyers continue to manage clients' transactional, litigation, compliance and regulatory needs, among others, while simultaneously providing professional, and even personal, support? This level of attention and client dedication, while time consuming, is both appropriate and necessary — and it must be intentional, tailored to each relationship and circumstances.
Not-So-Fun Factoids (And a Good One)
A March 2020 Corporate Counsel article highlighted the COVID information fatigue that in-house counsel were already facing — in March — a relatively early phase of this long and tortured global event. (See, "In-House Lawyers to Law Firms: Enough Already With the Coronavirus Webinars.") In this brief, yet highly relevant piece, one source was quoted to say, "only two law firm partners have called". She went on to note that she had received numerous updates on force majeure (and likely other topics), which were most assuredly sent from well-meaning, client-focused firms. [Note that providing such resources is vital and — they are an important part of good, if not great, client service. In fact, many Requests for Proposal (RFPs) for legal services ask firms to include a summary concerning their "Value-Added Services," which anticipates such informative resources, as they should].
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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?