Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Biden Administration Corporate Enforcement Policies More Symbolism than Effective Reform
A recent address by Deputy Attorney General Lisa Monaco, along with recent pronouncements by the leadership of the Securities and Exchange Commission (SEC), confirm that the Biden Administration wants to portend a return to tougher corporate enforcement. By undoing some of the higher profile policy changes of the prior administration that many perceived as business-friendly, the current administration has served notice on the business and financial community of a return to practices characteristic of a more aggressive enforcement regime.
The Administration's signaling a change in tone was widely expected. If that change in tone means, more substantively, that the Justice Department, SEC, and other federal law enforcement agencies intend to shift their priorities and reallocate resources toward effectively investigating and prosecuting more complex business cases, the results should be revealed in the enforcement numbers and the headlines over the coming months and years. Time will tell.
The key policy changes announced thus far, however — including a return to the Yates Memo policy of requiring cooperating corporations to provide full information about all involved in wrongful conduct, no matter what their culpability; a reversal of any presumption against monitorships; and a renewed effort to seek admissions of wrongdoing in SEC enforcement settlements — appear to be more symbolism than serious efforts at effective reform. Substantively, many will see these changes as a reversion to prior policies that did not work particularly well in practice and rightly were the subject of criticism.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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?