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Compliance Assessments
In the brave new world following the passage of the Sarbanes-Oxley Act of 2002 (SOX) ( Pub. L. 107-204 (2002), 116 Stat. 745), companies are struggling to meet the challenge of developing effective compliance programs. Many of these companies are diligently working with in-house counsel, external counsel, and internal audit and compliance departments to develop compliance programs that demonstrate a strengthened commitment to implementing best business practices, in order to realize the corporate “culture of compliance” contemplated by the Federal Sentencing Guidelines. Focusing on compliance not only meets good corporate governance practices and satisfies other corporate housekeeping needs, but also helps management prove to itself and its board of directors that the management team really does know what is going on within the company. In addition, proactive directors are using compliance assessments to demonstrate that they have satisfied their obligations as directors – under the Sentencing Guidelines and under developing standards of due care. In each case, the challenge is how to develop and implement an effective compliance and ethics program.
What Is Motivating the Drive for New Compliance Assessments?
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.