Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Compliance Hotline
Section 906 of SOX Ruled Constitutional in First Test
The US District Court for the Northern District of Alabama has issued the first ruling on the constitutionality of ' 906 of Sarbanes Oxley. The court ruled that ' 906 was not unconstitutionally vague and more specifically, that the terms “fairly presents, in all material respects,” contained in subsection 1350(b), and “willfully certifies” in ' 1350(c)(2) did not “lack sufficient clarity of meaning to inform citizens of their responsibility under the law.” The court further rejected the argument that the term “willfully certifies” in itself fails to define an illegal act. ' 906 establishes the duty of CEOs and CFOs of companies that issue publicly traded stocks to certify by written statement the accuracy of the company's periodic financial reports required under the Securities Exchange Act of 1934. United States v. Scrushy, No, CR-03-BE-0530-S (Nov. 23).
Section 906 of SOX Ruled Constitutional in First Test
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.