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There Are Limits to Congress’s Investigatory Powers
Businesses across all sectors of the economy should be knowledgeable about how best to respond to a Congressional investigation, and ultimately, if the investigatory Committee is not satisfied with voluntary compliance efforts, the options available to them for objecting to a Congressional subpoena.
The Complexities of the TAKE IT DOWN Act
The TAKE IT DOWN Act is the first federal legislation to address both unadulterated non-consensual intimate imagery and digital forgeries, marking a significant milestone in U.S. content regulation.
5 Operational Foundations That Determine Whether Your Tech Investments Will Succeed In 2026
The difference between technology investments that succeed and those that fail may have less to do with the tools themselves than the operational foundation beneath them.
Fair Use Decision on Van Halen ‘Frankenstein’ Guitar Photo
Early in Van Halen’s career, Neil Zlozower shot photos of the music group at Sunset Sound Studios with Eddie holding his famous "Frankenstein" guitar. Years later, Zlozower sued the Rock & Roll Hall of Fame & Museum, alleging copyright infringement after the institution included two of his Van Halen photos, unlicensed from and uncredited to Zlozower, in exhibits at the museum.
The Uniform Partition of Heirs Property Act After 'Laurelton'
In 2019, the Uniform Partition of Heirs Property Act/RPAPL §993 (the UPHPA) reshaped the rights of co-owners of inherited property in New York, replacing the traditional, sale-favoring partition system with a multi-layered process designed to limit the right to seek partition and to prioritize family ownership. The Second Department’s sweeping decision confirms that the partition landscape has drastically changed.
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- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.Read More ›
- Questions Every Law Firm Business Development Leader Should Be AskingIn a legal marketplace transformed by technology, heightened client expectations, and fierce competition, law firm leaders must approach strategy with rigor and clarity. The following questions, accompanied by relevant statistics and explanations, offer a focused guide for uncovering opportunity and driving sustainable growth.Read More ›
