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The Criminal Division's Enforcement Policy: What's New for Companies Deciding Whether to Voluntarily Disclose?
In 1979, the Department of Justice (DOJ) announced a new policy under which companies that voluntarily disclosed violations of the then newly enacted Foreign Corrupt Practices Act of 1977 (FCPA) would be treated more leniently than those that did not come forward. Since then, the DOJ has attempted to encourage companies to voluntarily disclose all manner of criminal misconduct beyond violations of just the FCPA, while general counsels worldwide have been wrestling with the question of whether and when it is in the company's best interest to so disclose.
Is it better to conduct an investigation, remediate the problem, discipline the wrongdoer, beef up the company's compliance program and stay silent, keeping the company out of the DOJ's crosshairs and the spotlight of the media? Or is it better to take the high road of the good corporate citizen and self-report, knowing that it could result in a sharp drop in the stock price, the filing of shareholder suits, bad publicity and — if the disclosure was not to the DOJ's satisfaction — criminal charges? Even publicly traded companies that have regulatory disclosure obligations find themselves having to wrestle with these issues when the misconduct does not necessarily rise to the level of a material event. Prior guidances by the DOJ — usually announced by the Deputy Attorney General (DAG) — provided some assistance, but not enough.
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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.
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.
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.