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In the Marketplace
The Financial Accounting Standards Board and International Accounting Standards Board in London have agreed to undertake a joint project designed to overhaul FAS 13, the lease accounting rules in place since 1976. The decision to add a leasing project reflects the FASB's concern that the current accounting in this area does not clearly portray the resources and obligations arising from lease transactions.
Before making this decision, the FASB consulted with its constituents, including the FASB's Financial Account-ing Standards Advisory Council ('FASAC'), its User Advisory Council ('UAC'), and the SEC staff. Many of those constituents urged the FASB to undertake a project, expressing the view that current lease accounting standards fail to provide complete and transparent information. In fact, the SEC staff formally raised issues with, and recommended improvements to, this area as part of its June 2005 report to Congress on off-balance sheet arrangements as required by the Sarbanes-Oxley Act of 2002.
The proposed timetable for the project is as follows: This year, the FASB staff is conducting research on the scope and implications of the project; in 2007, the Board will begin deliberations; in 2008, a Preliminary Views document will be issued and comments will be solicited from interested parties; in 2009, a formal Exposure Draft will be issued for comment, with final guidance released that year as well.
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.
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.
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.