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Sentencing Guidelines, Corporate Governance and Information Management
It may surprise many to learn that the federal Sentencing Guidelines have a relationship to corporate governance and, specifically, for the purpose of this article, to the management of electronic information.
The Sentencing Guidelines were established by act of Congress to bring some measure of rationality into the sentencing process. The guidelines do so by restricting the discretion of federal judges in the imposition of sentences.
We must begin with the obvious: Organizations such as corporations can commit federal crimes and can be convicted of them. The Sentencing Guidelines, which are effectively a manual, include an entire chapter that addresses the sentencing of 'organizations.' The most common offenses for which corporations are convicted are, in decreasing frequency:
- Fraud;
- Environmental crimes;
- Money laundering and antitrust; and
- Food/drug violations.
Some Consideration for 'Ethical' Organizations
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.
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.
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?