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An Analysis of the DOJ and SEC's Long-Awaited New FCPA Guidance
On Nov. 14, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) jointly released the long-promised FCPA guidance, entitled “FCPA: A Resource Guide to the U.S. Foreign Corrupt Practices Act” (hereinafter, referred to as the Guide). While the Guide is lengthy and addresses many topics, it is also carefully written in such a manner as to not limit the DOJ and SEC's future ability to broadly interpret the FCPA. Furthermore, there are several areas where hoped-for clarification did not completely materialize.
There are, however, several useful examples and guidance points in the Guide that will assist practitioners and companies in understanding how the FCPA may be interpreted in the future. This article discusses some of the more significant issues that were addressed as well as the ones that were not addressed in as much detail as was hoped.
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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.