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SOX Backlash
Corporate counselors are in a unique position to help facilitate the cultural changes needed in most companies to meet new Sarbanes-Oxley (SOX) requirements.
SOX requires organizations to know the source of information used in making business decisions, understand how that information is used within the organization, and protect the information from unauthorized access or manipulation to reduce the incidence of fraud. It also requires companies to have appropriate controls in place to protect and retain information for as long as needed or required, either under SOX or other regulatory requirements, legal obligations or business need.
Although the above may currently be done within your corner of the organization, are business units that are conducting each piece of this orchestration doing so in sync with others? Many organizations find that departments conduct their business in “silos,” rarely communicating outside the departmental domain. However, in order for the department to blend their contribution with all the other departments, there must be a conductor to facilitate the harmonization of the collective parts.
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.