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Using Anti-Bribery and Corruption Regimes for ESG Concerns
Compliance leaders recognize that Environmental, Social and Governance (ESG) is a growing concern for U.S. companies, but face challenges in determining how to embed compliance structures into their programs. One solution is to look to already existing anti-bribery and corruption (AB&C) compliance measures. Despite perceptions that these regimes may compete for compliance resources, they can in fact work in tandem to leverage existing resources to establish a more comprehensive compliance program.
The Importance of ESG
It is clear — ESG concerns are top of mind for compliance professionals. In Steering the Course III: Navigating Deep Waters, a recent study conducted by Hogan Lovells of 600 chief compliance officers (CCOs), heads of legal, or equivalent executive roles (referred to collectively as "compliance leaders") from around the world, over 80% of compliance leaders identified ESG risk as a current and future priority in their business strategies. These compliance leaders noted that integration of ESG programs would positively impact their organization's reputation.
The reputational value of imposing ESG compliance is important. Risks of reputational fall out can attract unwelcome headlines that, in the ever-changing media landscape, put businesses in the crosshairs of the next great "cancel" movement. In addition to reputational concerns, proposed legislation and regulatory measures will create new legal requirements that will necessitate companies to implement ESG controls.
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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.
Removing Restrictive Covenants In New York
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?
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.