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Changes to the Federal Sentencing Guidelines
In response to the recent corporate scandals within organizations including Enron, WorldCom, Adelphia and Tyco, and with the enactment of the Sarbanes-Oxley Act (SOX), the Federal Sentencing Commission (the “Commission”) has submitted to Congress amendments to Chapter Eight of the Federal Sentencing Guidelines that, barring action from Congress, will take effect on Nov. 1, 2004. See Notice of Submission to Congress of Amendments to the Sentencing Guidelines Effective November 1, 2004 (“Notice of Submission”), 69 Fed. Reg. 28,994, 28,994 (May 19, 2004).
Chapter Eight of the Sentencing Guidelines governs punishment for organizations, including corporations, that are convicted of crimes. Chapter Eight also provides incentives to organizations to engage in self-policing of their own conduct through the development of effective compliance and ethics programs. Chapter Eight currently sets forth a number of factors courts must consider when determining the appropriate sentence for an organization, including: 1) the organization's involvement in or tolerance for criminal activity; 2) the size of the organization; 3) the prior history of an organization's misconduct; 4) whether the organization violated a previous judicial order; 5) whether the organization engaged in the obstruction of justice; and 6) whether the organization has an effective compliance program. It is the last of these factors that is the primary subject of the recent amendments to Chapter Eight.
There are five significant amendments for compliance officers to consider when creating a new compliance program or updating an existing program. This article examines the changes submitted by the Commission and identifies concerns raised by certain of these changes.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.