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Compliance and Ethics Programs: Passivity Is Pass'
Corporate compliance and ethics programs have matured significantly from their humble beginnings. Since they appeared in the 70s in response to government investigations of overseas bribery in the aerospace, defense and armaments industries, leading to enactment of the Foreign Corrupt Practices Act, compliance programs have spread into most, if not all, other industries. Moreover, compliance programs have received official “endorsement” by the government through the Sentencing Guidelines for Organizational Defendants (Sentencing Guidelines), which appeared in their original form in 1991 as Chapter 8 of the Federal Sentencing Guideline Manual.
The adoption of corporate compliance and ethics programs throughout many industries led to the establishment of the Ethics Officer Association (EOA) in 1992 as “a professional association for ethics officers and the organizations for which they work, that provides for sharing of ideas and best practices, continuing education and professional development.” From its 12 founding members, EOA has grown to over 1000.
What trends and developments in the field of corporate compliance and ethics programs justify the attention of practitioners in this field? How might those trends and developments affect such programs in the future?
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.
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.
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.