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New DOJ Guidelines on Prosecuting Businesses
In the post-Enron era of aggressive criminal investigations of corporate malfeasance, the Department of Justice (DOJ) issued a series of Memos on the prosecution of business organizations. Known by the name of the Deputy Attorneys General who authored them, the Holder, Thompson and McNulty Memos soon struck fear in the hearts of business entities. They essentially required businesses to adhere to a strict list of requirements to avoid being indicted by the government. Companies came to assume that prosecutors would expect complete acquiescence to the guidelines, including waiving attorney-client and work product privileges, cutting off legal fees for employees under investigation, and terminating uncooperative employees.
After much pressure from the defense bar, the judiciary and Congress, the DOJ issued new guidelines on Aug. 28, 2008. In announcing them, Deputy Attorney General Mark R. Filip assured the public that cooperation credit will no longer depend on a corporation's waiver of privilege, prosecutors will no longer be allowed to request disclosure of non-factual privileged information, and no consideration will be given to a corporation's advancement of attorney's fees for its employees. A close look at the fine print, however, shows that not much has changed.
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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.
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.
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.