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Regulators Renew Focus on Individual Liability for Gatekeepers
History shows that following periods of upheaval there is an increase in fraud-related investigations and enforcement. 2022 has certainly had its share of turmoil: global volatility compounded by the toll of the war in Ukraine and follow-on effects from the pandemic have given corporate compliance officers and in-house lawyers new challenges to confront.
And a rising tide of regulation is headed for them. Corporate accountability is a key priority for the Department of Justice and the Securities and Exchange Commission, and both agencies have renewed their focus on individual liability for gatekeepers, including lawyers, accountants, underwriters, and auditors. We discussed these topics at Practising Law Institute's full-day conference of the same name in September, but a cascade of developments have surged since.
Recent comments from senior officials in the DOJ and SEC are particularly revealing.
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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?