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Regulators increasingly are scrutinizing employee use of personal devices and third-party messaging apps ― in particular, but not only, ephemeral apps where messages automatically disappear ― as employees continue to conduct business on multiple platforms and concurrent channels of communication. The Department of Justice (DOJ) recently issued its most comprehensive guidance to date on its expectations that companies preserve all business communications conducted on personal devices and messaging apps. And the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) continue to aggressively enforce their recordkeeping rules against regulated entities that do not properly preserve their electronic business communications. Notably, while the SEC and CFTC have been focused on regulated entities, the DOJ's guidance applies to all businesses.
This article summarizes the DOJ's recent guidance and the SEC's enforcement trends and priorities in this area, and it provides information governance best practices companies can implement now to ensure they are meeting regulators' expectations and recordkeeping rules.
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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.
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.
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.
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.
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.