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Watching the reaction of European data protection authorities to the anonymous whistleblower requirement set forth in ' 304 of the Sarbanes-Oxley Act of 2002 (SOX) has been like watching an ongoing heavyweight prize fight. In one corner, representing the U.S. and its recent history of corporate frauds, stands the SOX champion determined to use all means to prevent future frauds. In the other corner, representing Europe's 20th-century history, which unfortunately includes use of anonymous 'informants' to 'denounce' and silence or kill opponents of repressive regimes in Germany, France and elsewhere, stands the European Union (EU) data protection champion resolved to protect what Europeans view as the fundamental human right of privacy. The SOX and EU champions have exchanged blows, neither has given up much ground, and the match appears to be headed into the late rounds. The audience of multinational corporations required to comply with both SOX and EU data protection laws can only watch, do their best to implement anonymous whistleblower mechanisms in compliance with both SOX and EU privacy law, and wait until the contest is ultimately decided.
SOX's Opening Salvo
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.
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.
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.
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 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.