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e-Commerce Docket Sheet
Court Vacates Injunction Against Using Trade Name
A commercial party's frequent use of a competitor's trade name in its Web pages qualifies as a 'nominative fair use' if the references are not gratuitous and are used to convey information about the competitor. J.K. Harris & Co., LLC v. Kassel, No. 02-0400 (N.D. Cal. Mar. 28, 2003). The district court vacated a portion of an earlier ruling that preliminarily enjoined the defendant from 'using more of Plaintiff's trade name than is reasonably necessary to identify that it is Plaintiff's services being described.' The court modified its analysis to make clear that even frequent and obvious use of a competitor's name on a party's Web pages can be a fair use if done for a legitimate purpose such as criticism ' even if such use affects search engine results.
Use of Web Site “Scraping” Software Enjoined
The DOJ's Corporate Enforcement Policy: One Year Later
The 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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The 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.
Use of Deferred Prosecution Agreements In White Collar Investigations
This 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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.