Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Willingness to Limit SOX Application?
On May 12, 2004, the U.S. Court of Appeals for the Ninth Circuit issued its opinion in Securities and Exchange Commission v. Yuen et al., No. 09-56129, D.C. No. CV-03-03124-MRP (9th Cir. May 12, 2004), the first appellate holding under Sarbanes-Oxley. The Sarbanes-Oxley legislation, enacted in 2002 (as Public Law No. 107-204), was designed to strengthen corporate governance of publicly traded companies in the wake of recent corporate accounting and fraud scandals. Sarbanes-Oxley (SOX) represents the most far-reaching corporate governance and securities law reform since enactment of the first federal securities laws in the 1930s, and has given a variety of new tools to enforcement agencies. The Yuen decision suggests, however, that the courts might not defer to enforcement agencies' interpretation of the statute, especially where no implementing regulations have been enacted.
The Case
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."