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Professional liability insurance policies may provide coverage for criminal proceedings, including defense costs incurred defending against criminal indictments. Corporate policyholders, and individuals covered under professional liability policies, should know exactly what type of claims are insured. Thoroughly reading the policy is an important first step, but the analysis should not end there. Policyholders are advised to engage specialized coverage counsel, well-versed in professional liability policies, to understand the full scope of benefits, and limitations, of their specific policy. Doing so can open the door to insurance benefits for criminal defendants not fully appreciated by the policyholder or their defense counsel.
Federal, state, and local law enforcement agencies have increased their focus on investigating and prosecuting white collar crimes. For example, the Securities and Exchange Commission's Division of Enforcement reported a 7% increase in new enforcement actions, year over year, between 2020 and 2021, of which 70% "involved at least one individual defendant or respondent."
Heightened scrutiny by prosecutors and regulatory bodies throughout the country is expected to rise. In March 2022, Attorney General Merrick B. Garland, during an address to the ABA Institute on White Collar Crime, remarked, "[i]t will not surprise you to hear that the prosecution of corporate crime is a Justice Department priority."
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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?
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.